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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 235 APPLICANT DP RESPONDENT B Ltd The Tribunal orders: The claim is struck out. Reasons: 1. DP was approached by a person purporting to be from [Bank 1] offering an investment opportunity. DP claims she carried out all due diligence and decided to invest $100,000. The money was accordingly transferred from her [Bank 2] account to a
...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...
...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...
...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...
...$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? •...
...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...
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
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.
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
...used, was secondhand and U Ltd should not be required to exchange it or refund its price. She considered that the fact that it did not fit BN well did not make it unfit for its purpose within the meaning of the Consumer Guarantees Act 1993 (“the CGA”). CI0301_CIV_DCDT_Order Page 2 of 3 The issue [8] The question for me to decide is whether BN is entitled to the refund that he seeks. The law [9] The sale of the helmet by U Ltd to BN is subject to the CGA, s 8 of w...