Search Results

1. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [pdf, 208 KB]

   ...construction carried with reasonable care and skill and was the outcome reasonably fit for purpose? 5. It was undisputed that there was no contractual relationship between the parties, and nor did the Applicants acquire the services of the company, so the CGA does not apply. Instead the Applicants rely on the implied warranties under the Building Act 2004. 6. Section 362I of the Building Act sets out the implied warranties that apply to a new build. These include that the building w...

2. BJ v T Ltd [2023] NZDT 82 (23 February 2023) [pdf, 143 KB]

   ...Ltd’s product presentation because the final look of installed panels does not correspond to what is advertised. 5. Although BJ mentions the Consumer Guarantees Act 1993, that legislation does not apply to the unit he bought from T Ltd because the CGA excludes ‘whole buildings’. 6. The issues to be determined are: • Does the method of fixing on the cladding breach the terms of the contract between BJ and T Ltd? • Is T Ltd liable to remedy the cladding as a defect under...

3. CT & ID v S Ltd [2022] NZDT 7 (2 March 2022) [pdf, 153 KB]

   ...applicants were informed that the inspection was limited to a visual inspection and would be performed under NZS4306:2005. Has the inspection been carried out with reasonable care and skill? 9. Sections 28 and 29 of the Consumer Guarantees Act 1993 (CGA) provide that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill. The result of those services will be fit for its particular purpose, and of such a natu...

4. EO v UO & U Ltd [2023] NZDT 257 (30 June 2023) [pdf, 112 KB]

   ...lower amounts than that obtained by Ms L for the earlier Tribunal claim against her, had U Ltd not issued the WOF in June 2020. She said she intended to sell the campervan for the best price possible. 11. Section 32 Consumer Guarantees Act 1993 (CGA) provides that, where the failure of a guarantee cannot be remedied or is of a substantial character, the consumer can obtain from the supplier of services damages in compensation for any reduction in value of the product of a service be...

5. NX v B Association Ltd & JE [2023] NZDT 433 (15 August 2023) [pdf, 192 KB]

   ...misrepresentation by JE, the claim against JE is dismissed. Did B Association Ltd fail to carry out its inspection with reasonable care and skill? 10. The Consumer Guarantees Act applies to the contract with B Association Ltd. There is a guarantee in the CGA that a supplier of a service must carry out the service with reasonable care and skill. That means the reasonable care and reasonable skill of a competent person in the trade. 11. NX claims that B Association Ltd did not proper...

6. BD & NT v S Ltd & C Ltd [2024] NZDT 769 (4 October 2024) [pdf, 105 KB]

   ...care to carry out the concrete work with reasonable care. Breach of a duty of care can found an action in negligence, and I conclude that the subcontractor has the same liability to the clients in negligence that the builder has to them under the CGA. CI0301_CIV_DCDT_Order Page 3 of 5 Did the subcontractor breach its contract with the builder? What sum, if any, is payable by the subcontractor to the builder? 14. The subcontractor largely fronted the respondents’ defence, and the...

7. OT v KI [2024] NZDT 385 (3 May 2024) [pdf, 180 KB]

   ...sum, if any, is payable between the parties? Did the supplier carry out the tinting with reasonable care and skill? Did the supplier cause the scratches? CI0301_CIV_DCDT_Order Page 2 of 3 5. 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. 6. The supplier said that he only observed scratches on two bifold doors, and he maintained...

8. LB & TB v BU Ltd [2024] NZDT 612 (29 August 2024) [pdf, 105 KB]

   ...issues for me to consider are: a. Was the cabin of acceptable quality? b. If not, what remedy is available? Is the cabin of acceptable quality? 3. I find that the cabin is of acceptable quality. 4. The Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer there is a guarantee that the goods will be of acceptable quality which means that the goods must be durable, free from minor defects, and the goods must be fit for all the purposes for...

9. BU v L Ltd [2025] NZDT 45 (11 February 2025) [pdf, 200 KB]

   ...of that. BU’s last service before the breakdown was done by L Ltd and, as L Ltd’s mechanic observed, there was oil in the car when he examined it. [14The fact that the car was out of its warranty period does not affect BU’s rights under the CGA. As the car had a major manufacturing defect, BU is entitled to compensation. What compensation is payable by L Ltd? [15] As BU paid $15,600.00 for the car, and had driven it for some 14,000kms over a period of 18 months before it...

10. DO Ltd v VL [2014] NZDT 426 (11 February 2014) [pdf, 142 KB]

    IN THE DISPUTES TRIBUNAL [2014] NZDT 426 BETWEEN DO LIMITED APPLICANT AND VL RESPONDENT Date of Order: 11 February 2014 Referee: Referee Paton-Simpson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that VL is to pay $770.00 to DO Limited on or before 19 February 2014. Facts [1] VL engaged DO Limited (“ABC”) to value two lifestyle blocks one was in Z Road, which she was selling and the other in Y Road, which s