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1. 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...

2. BL v TX & L Ltd [2025] NZDT 239 (13 June 2025) [pdf, 231 KB]

   ...had travelled 2100km during that time. 6 Section 137 CCLA 7 New Zealand Refining Co Ltd v Attorney-General (1993) 15 NZTC 10,038 (CA) 8 Section 21(2)(b) CCLA 9 Watson v Zhou [2024] NZCA 417 10 Section 28 Consumer Guarantees Act 1993 (“CGA”) CI0301_CIV_DCDT_Order Page 4 of 6 29. I was provided with a copy of the Waka Kotahi report. The report found that there were several faults “which, based on the evidence gathered, our knowledge, experience, and the balance of pro...

3. 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...

4. 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...

5. HN v FH Ltd [2021] NZDT 1576 (16 July 2021) [pdf, 243 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1576 APPLICANT HN RESPONDENT FH Limited The Tribunal orders: That the Application is dismissed. Reasons: 1.On the 3rd of January 2021, HN booked 3 tickets at @$175 each for a total $525 with FH Ltd (FH) to be an ”On the Water Spectator America’s Cup Match” for Saturday the 13th of March 2021 departing @

6. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...caused a delay in issuing the ‘final’ resource consent, the question of when NH and FN would receive income from the project (by the sale of one of the lots) is affected by a wide range of factors that K Ltd could not foresee. 2 Section 32(c) CGA CI0301_CIV_DCDT_Order Page 5 of 6 NH and FN made their own decision to seek legal advice. d. Damages for stress and inconvenience are recoverable at law, particularly if the provision of enjoyment is the purpose, or part...

7. Heng v Walshaw [pdf, 550 KB]

   CLAIM NO: 00734 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN JOHN MONTGOMERY HENG AND ANNE ELIZABETH HENG Claimants AND CHRISTOPHER WALSHAW AND MARGARET ANNE WALSHAW First respondents (Intituling continued next page) Appearances: Scott Galloway, counsel for the claimants Chris Walshaw, for the first respondents Tim Cleary, counsel for the second respondent John Morrison, co

8. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2023] NZLCRO 080 Ref: LCRO 201/2021 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN DK obo THE LK ESTATE Applicant AND BY and FM Respondents DECISION The names and identifying details of the parties in this decision have been changed. Introduct