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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 116 APPLICANT SC RESPONDENT CX The Tribunal orders: 1. The claim is dismissed. Reasons 1. This matter was heard by teleconference on 9 March 2022. It was adjourned to give both parties an opportunity to provide me and each other with text messages, photographs and any other evidence or arrange for any witnesses they
...slim, as the hard drive returned to her was “very damaged” and yet the data recovery specialist had been able to see the documents and photographs on it. The law 13. The Consumer Guarantees Act 1993 and the law of bailment apply. Section 28 CGA provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill. The law of bailment provides that a person in possession of another person’s goods is required to take reasonable...
...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...
...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...
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
...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...
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
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.
...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...
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