Search Results

1. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

   ...Was the work carried out with reasonable care and skill? b. If not, what remedy is available? Was the work carried out with reasonable care and skill? 7. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 8. KH’s view was that J Ltd had failed in two separate ways, firstly, by replacing the headlight bulb with a mismatched colou...

2. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...available to CL and NN? Would the water damage evident in the sub-floor area in 2023 have been visible/discernible to B Ltd’s BT in 2016 if he had carried out his inspection with reasonable care and skill? 7. 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). 8. I find that it has not been established on...

3. OH v T Ltd & Ors [2024] NZDT 570 (10 July 2024) [pdf, 201 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 570 APPLICANT OH RESPONDENT T Ltd SECOND RESPONDENT M Ltd THIRD OR SUBSEQUENT RESPONDENT ST The Tribunal orders: T Ltd is to pay OH the sum of $26,320.25 on or before 2 August 2024. Reasons: 1. OH planned to renovate his home and engaged T Consultants to perform a pre-demolition survey. The survey confir

4. CI v KH Ltd [2024] NZDT 486 (18 June 2024) [pdf, 198 KB]

   ...repair the May 2023 work? Did ET carry out the ‘wrong’ repair in May 2023? Is there any evidence that it did not carry out it’s assessment and repair with reasonable care and skill? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 6. I am unable to find, on the balance of probabilities, that ET ca...

5. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1623 APPLICANT CF RESPONDENT EX The Tribunal orders: EX is to pay CF $1,050.00 on or before 6 August 2021. Reasons 1. CF had a recreational boat he wanted to install an outboard motor on. He advertised on social media to find someone who could do the work building a pod and attaching it to his boat to house the motor

6. DN v SC [2024] NZDT 202 (19 March 2024) [pdf, 204 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 202 APPLICANT DN RESPONDENT SC The Tribunal orders: The claim by DN is dismissed. Reasons 1. DN bought a pair of shoes in December 2023 with which she is not happy. She seeks a refund and other compensation on the basis the shoes are not of acceptable quality nor properly fitted in breach of the Consumer Guarantees Act 1993.

7. DN & LO v EK [2022] NZDT 78 (7 June 2022) [pdf, 153 KB]

   ...upon which NN could be held liable for any of the costs associated with water damage or bathroom remediation. Did EK carry out the house inspection service in October 2020 with reasonable care and skill? 13. 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 services with reasonable care and skill (section 28, CGA). 14. The pre-purchase inspection report provided by...

8. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 163 APPLICANT IT APPLICANT NH RESPONDENT UN Ltd The Tribunal orders: IT and NH are to pay UN Ltd $1,285.00 on or before 15 November 2022. Reasons 1. In about December 2021, IT and NH asked UN Ltd to make a 3D printed model of their newborn baby. It was described as a state of the art process involving hundreds o

9. C Ltd v TI [2023] NZDT 202 (27 April 2023) [pdf, 118 KB]

   ...any, is available to TI? 17. C Ltd declined to provide TI a remedy when she requested one, because they did not accept they were at fault over the fabric order or that the quality of their upholstering work was was not up- to-standard. Under the CGA, TI was required to give the supplier the opportunity to remedy any failures of guarantee and she did this. 18. Due to the contractual issue of the wrong fabric having been ordered, the appropriate remedy arising from that aspect of the...

10. U Ltd v NP [2024] NZDT 780 (4 November 2024) [pdf, 172 KB]

    ...the price of the services. Did U Ltd charge in accordance with the agreement or if no agreement, is the amount charged reasonable? 23. While I have already found that there was a breach of the FTA, this matter can also be considered under the CGA. 24. Where a service is provided to a consumer and there is no agreement between the parties as to price, s31 of the CGA means that there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable pri...