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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 35 APPLICANT H Ltd RESPONDENT K Ltd The Tribunal orders: K Ltd is to refund $320.00 to H Ltd by no later than 21st February 2025. The rest of the claim is dismissed. Reasons 1. The Applicant booked a flight from [City 2] to [City 1] when it should have been from [City 1] to [City 2]. This was a genuine error on the part of the Applic
...CI0301_CIV_DCDT_Order Page 3 of 5 - depending on the answers to those questions, whether YN Limited is obliged to compensate NM for any loss that might have resulted. The law [13] The sale of the car is subject to the Consumer Guarantees Act 1993 (“the CGA”). The CGA sets out guarantees that are incorporated into a sale of goods to a consumer, as this was. NM’s car was required to be of acceptable quality and fit for its purpose, having regard to, amongst other things, the...
...late invoicing of the lights. Under UD’s claim: Was the pool base prepared and placed with reasonable care and skill, and was the placement fit for the purpose? 16. By virtue of sections 28 and 29 of the Consumer Guarantees Act 1993 (CGA), K Ltd was required to carry out all services it supplied to UD with reasonable care and skill and so that they were reasonably fit for the purpose. In this case that included K Ltd’s preparation of the base and the placing of the pool...
...essential evidence material to the issues and is not intended to be a full record of the hearings or evidence presented. Has the respondent failed to provide its services with reasonable care and skill? 5. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person who is in the business of providing that service. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will b...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 38 APPLICANT NQ RESPONDENT HN The Tribunal orders: The claim is dismissed. Reasons: 1. NQ purchased a two year old female huntaway working dog called C from HN in April 2021. In June 2021 C suffered a prolapse and NQ put her down. He claimed for a refund of the $2,000 purchase price he paid. 2. HN disagreed th
...was the failure a failure of substantial character that would entitle QI and UD to claim a partial refund and compensation for extra sealant? Were plastering services provided with reasonable care and skill? 5. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the services are not provided with reasonable care and skill, and...
...Commerce Commission’s ability to apply to the courts for a declaration that terms are unfair and is not applicable to this claim. Was the decision to invoke the rain date made with reasonable care and skill? 11. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 12. Part of the service provided to concert goers was th...
...to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. If the problem in this case was a more simple one t...
...agreement? 10. Contract law recognises contracts have express terms (i.e., that are agreed between the parties), and implied terms (i.e., that may be implied by the law). Examples of such implied terms are under the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”). 11. I find there has been no breach of the agreement, either of an express or implied term. 12. I say that because EH has not provided evidence of any breach, nor are there any matte...
...spent assessing the required drainage repair? • What invoiced amounts is EX liable to pay? Did I Ltd provide its services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 3 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. EX contends that if I Ltd had carried out their ser...