Search Results

1. MS v L Ltd [2024] NZDT 284 (20 March 2024) [pdf, 171 KB]

   ...dropped on it. They told him a replacement hob top would cost $1,283.00. This is the amount MS is claiming. 2. The issue to be determined is whether the induction top was of acceptable quality for the purposes of the Consumer Guarantees Act 1993 (CGA). “Acceptable quality” under the CGA includes that the induction top is durable. 3. MS provided evidence (photograph) of the damage to the cooktop. He also sent a picture showing the iron skillet he was using when the crack occurre...

2. BB v IU [2024] NZDT 346 (13 May 2024) [pdf, 126 KB]

   ...over a few weeks. BB then came to collect the dishwasher, but refused to take it because he says it was bigger than he wanted and in poor condition. BB seeks an order that IU is liable to pay him $1,300.00. 2. The Consumer Guarantees Act 1993 (CGA) does not apply to this transaction because the dishwasher is a commercial pass through style dishwasher and is not an item that would ordinarily be sold for domestic or household use. 3. Generally, the principle of “buyer beware’ wil...

3. MM v N Ltd [2024] NZDT 503 (8 August 2024) [pdf, 173 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 503 APPLICANT MM RESPONDENT N Ltd The Tribunal orders: The claim is dismissed. Reasons: 1) In February 2023, the applicant bought a [vehicle] from the respondent. At the time of purchase the car had an odometer reading of 52,547 kilometres. 2) On or about 25 March 2024 the car broke down. The car was repaired, and the water pump nee

4. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...Settled at or after settlement conference Decision issued & claim closed 8 16 62 7 24 9 Claims resolved Limitations periods under the Consumer Guarantees Act [34] A homeowner bought an application under Consumer Guarantees Act 1993 (CGA). It was argued that the insurer’s duty to provide claims resolution services with reasonable care and skill had been breached when it oversaw defective repairs. The insurer argued that any claim under the CGA needed to be brought withi...

5. AT Ltd v ZG [2014] NZDT 662 (15 September 2014) [pdf, 22 KB]

   ...and pre-auction meeting chargeable given that auction was cancelled prior to a pre-auction meeting taking place? [7] Have the marketing services been provided with reasonable care and skill as per section 28 of the Consumer Guarantees Act 1993 (CGA)? [8] What amount, if any, is owed by ZG? Decision / Law What period are the marketing services provided for in the contract (agency agreement) to cover? [9] I find that it is reasonable to infer that the (maximum) $2,500...

6. AFV v ZUA Ltd [2013] NZDT 401 (28 August 2013) [pdf, 59 KB]

   ...AFV justified in taking his car to another repairer because ZUA Ltd failed to remedy the matter in a reasonable time? (iii) Is ZUA Ltd responsible for the invoice of JR Ltd? Law [3] The relevant law is the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic or household use. In the case of the supply of services, there is a guarantee that the se...

7. XC v MG Ltd [2019] NZDT 1404 (1 May 2019) [pdf, 216 KB]

   ...$1276.50 for repairs carried out as detailed in the manufacturer’s service bulletin. 4. The parties agree that the aircraft is a light aircraft for pleasure flying, so Mr C is a consumer for the purposes of the Consumer Guarantees Act 1993 (‘CGA’) as the goods are of a kind ordinarily used for personal, domestic or household purposes. 5. The issues to determine are: • Is MG contractually liable to pay the claimed amount for installation of an inline oil thermostat? •...

8. QT v L Ltd [2024] NZDT 23 (21 February 2024) [pdf, 201 KB]

   ...Ltd breached its legal obligations to him. He has to do so on the balance of probabilities, i.e. as ‘more likely than not’. Did L Ltd provide its services with reasonable care and skill? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee for consumers that the services provided by a business will be carried out with reasonable care and skill. 6. QT claimed that the repeated technical problems experienced by the [Ferry 1], which required the reschedul...

9. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [pdf, 199 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 111 APPLICANT NN RESPONDENT SG Ltd The Tribunal orders: 1. SG Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost

10. DI v UM [2024] NZDT 727 (23 September 2024) [pdf, 184 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 727 APPLICANT DI RESPONDENT UM The Tribunal orders: DI is to pay $3,109.65 to UM by 10 October 2024. Reasons Are the parties bound by the quote for work? 1. DI contracted UM to quote for bathroom renovation work at her rental property. UM provided DI with a quote. The quote document included details of how UM had priced the work.