Search Results

1. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 Did JF Ltd carry out its service with respect to the laying of coping at the pool edge with reasonable care and skill? 6. 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). 7. HK and QK were originally advised by [pool company...

2. BC v TH Ltd [2024] NZDT 658 (16 August 2024) [pdf, 193 KB]

   ...installed solar system and this caused the collapse of all four batteries, she is entitled to recover the cost of replacing these batteries from the respondent. [15] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (CGA) because the goods supplied by the respondent to the applicant were of a kind ordinarily acquired for personal use. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees containe...

3. BO v T Ltd [2025] NZDT 208 (11 July 2025) [pdf, 112 KB]

   ...batteries and cable box, plus the cost of a generator, petrol, other costs, and compensation for “stress while disabled”. The total claim is $29,590. Law and issues 6. As discussed in the previous order, the Consumer Guarantees Act 1993 (“CGA”) applies to the goods that T Ltd supplied, and also to any services that it provided. 7. BO provided very extensive and wide-ranging submissions about T Ltd, SE and the solar energy industry generally. Many of those submission...

4. BU v C Ltd & E Ltd [2025] NZDT 119 (25 March 2025) [pdf, 107 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 119 APPLICANT BU FIRST RESPONDENT C Ltd SECOND RESPONDENT E Ltd The Tribunal orders: E Ltd is to pay to BU the sum of $1,054.30 on or before 22 April 2025. Reasons: 1. The Applicant BU booked a rental property at [Address] (incorrectly in the claim form as [redacted]) (“the property”) through C Ltd for 2 nights from 2

5. SC v CX [2022] NZDT 116 (2 August 2022) [pdf, 204 KB]

   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

6. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...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...

7. 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...

8. 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...

9. 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

10. 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...