Search Results

1. KD v NG Ltd [2023] NZDT 362 (18 July 2023) [pdf, 177 KB]

   ...or provide any defence to the claim. The absence of a party does not prevent the hearing from going ahead. The issues to be determined is whether KD entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Similarly, there is a guara...

2. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...would be a 7mm overhang along the edge to help protect the unit. 7. I therefore find that the responsibility for the failure of the vanity lies with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which 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. What remedy, if any, should be given to ST? 8. The failure to install the vani...

3. S Ltd & T Ltd v BK [2023] NZDT 400 (4 July 2023) [pdf, 198 KB]

   ...was sufficient basis to infer an agreement from the communications between the parties and the usual ways in which the courts imply terms into contracts. Were the materials of acceptable quality? 7. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. This guarantee applies to goods supplied under a contract for work and materials (CGA s 15). 8. BK provided photogra...

4. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 763 APPLICANT MS RESPONDENT (amended) D Ltd The Tribunal orders: D Ltd shall pay MS $2,400.00 by 25 January 2024. Reasons: 1. MS purchased a second-hand vehicle from D Ltd on 24 March 2022 for $19,000.00, of which $1,500.00 is still owing. MS also purchased a [warranty policy] for $1,100.00, which is also still owing. 2. The vehi

5. GT v O Ltd [2024] NZDT 554 (20 July 2024) [pdf, 175 KB]

   ...to be determined are as follows: a. Do the skirts comply with the description they are sold under? b. If not, what remedy is GT entitled to? Do the skirts comply with the description they are sold under? 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that where goods are supplied to a consumer by description, the goods will correspond with the description (s 9). 6. These skirts...

6. NC v K Ltd [2024] NZDT 603 (12 September 2024) [pdf, 186 KB]

   ...and receive a refund. 12. I am satisfied, that because the applicant had the use of the laptop for some two years before it developed problems, the fault was not of a ‘substantial character’ as is provided in the Consumer Guarantees Act 1993 (CGA). 13. I am satisfied, that it is more likely than not that the respondent did repair the laptop. I make my decision when I consider, that it is hard to imagine a situation where parts would not be replaced in a computer, white ware or...

7. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 61 BETWEEN ABN Ltd APPLICANT AND AND ZYR RESPONDENT ZYQ SECOND RESPONDENT Date of Order: 27 May 2013 Referee: Referee Dryden ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYR and ZYQ are to pay ABN Ltd $463.63. Payment is to be made directly between the parties by Wednesday, 5 June 201

8. EA v UZ Ltd [2015] NZDT 889 (12 August 2015) [pdf, 149 KB]

   IN THE DISPUTES TRIBUNAL [2015] NZDT 889 BETWEEN EA APPLICANT AND UZ LTD AS AN AGENT FOR UZU RESPONDENT Date of Order: 12 August 2015 Referee: Referee Smallbone ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that UZ Ltd is to pay $8,318.08 to EA by 5pm on Thursday 20 August 2015. Following payment to EA, UZ Ltd may arrange for the collection of the dismantled damaged engine from EA at UZ Ltd’s cost. Facts [1] Th

9. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...issues. 9. I am satisfied from the photographs and evidence from EG Ltd’s witness’ assessment, that this was clearly not the case. In less than 12 months the powder coating on arms and legs was breaking away. 10. Section 7(4) of the CGA provides the supplier with a defence where the consumer is responsible for the failure. The first requirement for this defence is that the goods have been used in an unreasonable manner or to an unreasonable extent. The second requirement is...

10. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 KB]

    ...communication made at the time of sale, the estimated delivery date would be on or around mid-May 2022. Was the unit provided in accordance with the Consumer Guarantees Act 1993 and the agreement between the parties? 5. Section 5A of the CGA sets out that where a supplier is responsible for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer, CI0301_CIV_DCDT_Order Page 2 of 3 (a) at a time, or withi...