Search Results

1. LD Ltd v SQ Ltd [2023] NZDT 57 (21 February 2023) [pdf, 100 KB]

   ...work meet the contractual standard? b) What sum, if any, is payable between the parties? Did the work meet the contractual standard? 4. The law of contract allows parties to enter into legally binding agreements. The Consumer Guarantees Act 1993 (CGA), briefly mentioned in submissions, does not apply since construction of an infinity cove is not a service ordinarily acquired for personal, domestic, or household use or consumption. However, the written contract provided that LD Ltd guar...

2. D Ltd v KL [2023] NZDT 684 (21 December 2023) [pdf, 119 KB]

   ...that a full refit would have required substantially more time and labour than charged and that the agreed price reflected this. If so, what is the remedy? 11. Where there has been a failure of a guarantee, then the remedy under s32 of the CGA depends upon whether the defect can be remedied and if so, whether the company has refused or neglected to remedy it within a reasonable time, or if it can’t be remedied or is a substantial character. CI0301_CIV_DCDT_Order Page 3...

3. NH v NC & KC [2024] NZDT 816 (25 November 2024) [pdf, 192 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 816 APPLICANT NH RESPONDENT NC SECOND RESPONDENT HC The Tribunal orders: NC and KC are ordered to pay NH the sum of $3,000.00. Payment of this sum is ordered no later than 13 December 2024. Reasons: 1) On 4 July 2023 the applicant bought a dog named ‘[the dog]’ from the respondent-breeders. The price paid was $3,000.00.

4. M Ltd v FL [2025] NZDT 39 (11 February 2025) [pdf, 111 KB]

   ...and care? 5. I find that, on balance, the Applicant did carry out the geotechnical services and additional works to stem the water seepage from the probing of the ground with reasonable skill and care. 6. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill, and that the services, and the product of the services, will be reasonably fit for any purpose th...

5. TM v BC Ltd [2023] NZDT 774 (7 December 2023) [pdf, 195 KB]

   ...any of his emails to BC, or in the claim, of him being aware that only the top half of the engine had been replaced. However, TM confirmed he had been told this before he left BC with his vehicle. 10. Section 32 Consumer Guarantees Act 1993 (“CGA”) provides that, where any failure can be remedied, the consumer must request the supplier to remedy any such failure within a CI0301_CIV_DCDT_Order Page 3 of 4 reasonable time. If a consumer fails to provide this opportunity to reme...

6. UN v DE Ltd [2021] NZDT 1546 (2 September 2021) [pdf, 211 KB]

   ...c. If no cause for the crack is proven, can an inference be drawn from the fact that a crack occurred? Did EN fail to use reasonable care and skill in the laying of the concrete patio? [3] Section 28 of the Consumer Guarantees Act 1993 (“CGA”) 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. This is the law of negligence codified. The Tribunal asks what reasonable care and skill re...

7. DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]

   ...company in trade. If that were found to be the case then, as tree pruning services are services ordinarily acquired for personal or domestic use or consumption then DS would be a consumer as defined in s.2 of the Consumer Guarantees Act 1993, the CGA. Then the guarantees of reasonable care and skill, fitness for purpose and reasonable price would apply to those services. 6. DS disputes knowing of the existence of S Ltd let alone entering into a contract with it. While the law of age...

8. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...special primer to be used. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. If the contract specifies a particular product, then the supplier is liable for any losses resulting from the incorrect product being used. The CGA also provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill (s 28). Was the incorrect product used? CI0301_CIV_DCDT_Order Page 2 of 5 7. OQ provided an invoice dated 5 N...

9. CN Ltd & ID Ltd v W Ltd [2022] NZDT 82 (18 March 2022) [pdf, 150 KB]

   ...return the [WCN] machines to W Ltd on the basis that they are not ‘fit for purpose’. However, the Consumer Guarantees Act 1993 does not apply as the machines are commercial-grade [drink] machines so rejection of the goods and a refund under the CGA is not an available remedy. As the Sale of Goods provisions and Contractual Remedies provisions (relating to misrepresentation), with the Contract and Commercial Law Act 2017 do not provide the remedy of a refund, the revised claim is for...

10. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

    ...photographs provided show the clearcoat is lifting and exposing damaged paint. Ultimately the respondent admits that the paint has not lasted as long as expected and, on that basis alone, I am persuaded that the applicant is entitled to a remedy under the CGA. CI0301_CIV_DCDT_Order Page 3 of 5 What remedy is the applicant entitled to? [24] Under the Act a consumer is entitled to the reasonable cost of remedy and any reasonably foreseeable loss if a supplier breaches...