Search Results

1. Q Ltd v LE [2024] NZDT 827 (14 October 2024) [pdf, 174 KB]

   ...for the two invoices worth $347.95? Did Q Ltd install the mixer with reasonable care and skill? Was it working properly? If not, did LE provide an opportunity to remedy? Did Q Ltd fail to remedy the failure? 4. 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. 5. LE says the work was not carried out with reasonable care and...

2. TH v N Ltd & LC [2024] NZDT 847 (14 October 2024) [pdf, 251 KB]

   ...accordance with accepted industry practice. 16. The issues to determine are: a. Could Mr O have sought interest at the contractual rate after judgment to the date of payment in the statement of claim that he prepared in 2017? 1 Section 28 CGA 2 Section 32(c) CGA CI0301_CIV_DCDT_Order Page 3 of 6 b. If so, did the fact that he did not seek interest at the contract rate amount to a breach of the duty to exercise reasonable care and skill? c. It if it was a breach, wha...

3. EL v FO [2022] NZDT 8 (28 April 2022) [pdf, 228 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 8 APPLICANT EL RESPONDENT FO The Tribunal orders: The claim is dismissed. Reasons: 1. EL contracted FO to make a 21st birthday cake for her daughter’s upcoming 21st birthday celebration. Discussions as to the icing requirements and design took place, mostly by text, with specific requests for blue ma

4. UH v KM Ltd [2023] NZDT 111 (30 June 2023) [pdf, 117 KB]

   ...transmission within a reasonable period of time? 4. KM Ltd acknowledged that there was a fault with the transmission which required remedial action, so I accept that the car was not of an acceptable quality under the Consumer Guarantees Act 1993 (CGA), but was capable of being remedied. In these circumstances, under section 18 of the CGA, the consumer must first give the supplier a reasonable time in which to remedy the failure. Under section 19, how the supplier remedies a failure is...

5. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...a) Did TH Ltd carry out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work with reasonable care and skill? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 5. IO claims that the film was used was of very poor quality, and that there were obvious bu...

6. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...of the replacement flights. 5. The issues to be determined are: a) Are the consumers entitled to damages? b) What sum, if any, is payable? Are the consumers entitled to damages? 6. Both parties referred to the Consumer Guarantees Act 1993 (CGA). The CGA applies to domestic flights, but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held tha...

7. A Ltd & CB v X Ltd [2023] NZDT 528 (16 October 2023) [pdf, 197 KB]

   ...the car fit for purpose? c) Was there a reasonable opportunity to remedy? d) Is A Ltd entitled to all or any of the $2,350.74 that is claimed? Were the repairs done with reasonable skill and care? 4. Under the Consumer Guarantees Act 1993 (‘CGA’) it 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 under Section 28 of the CGA th...

8. 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...

9. 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...

10. 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