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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
...determined are: a) Did KI Ltd carry out its services with reasonable care and skill? b) What sum, if any, must the hotel pay to CU? Did the motel carry out its services with reasonable care and skill? 9. 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. 10. KI Ltd’s representative submitted that it did not have a reception area or l...
...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...
...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...
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.
...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...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 187 APPLICANT NI RESPONDENT T Ltd The Tribunal orders: NI is to pay the sum of $1276.00 to T Ltd by no later than 30 May 2025. NI is not liable to pay the balance of the invoice of $1670.00 to T Ltd. Reasons: 1. NI was involved in a motor accident on 24 November 2023. Police called T Ltd to remove vehicles. NI agreed his vehicle c
...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...
...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...
...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...