Search Results

1. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

   ...IO Ltd made any offer of compensation. This was after some months of problems and by that time AJ wanted the matter resolved by the Disputes Tribunal. He filed a claim against both IO Ltd and TF Ltd. 2. This is a claim for a remedies under the Consumer Guarantees Act 1993 for breach of the guarantee of acceptable quality, including a refund, consequential financial losses and consequential emotional harm. AJ claimed $30,000.00 to be paid equally by the Respondents. 3. The issues...

2. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   ...view there was clearly a fault with it. He therefore filed a claim in the Disputes Tribunal for the estimated cost of the mechanic installing and removing the part, and for some of his own time in preparing for the hearing. 2. This is a claim for consequential losses and costs incurred in the amount of $187.61 as a result of the supply of an alleged faulty item. 3. The issues were as follows: a. Does the Consumer Guarantees Act 1993 (CGA) apply? b. If yes, has there been a bre...

3. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...the guarantees of acceptable quality pursuant to the Consumer Guarantees Act 1993? Did the Respondent comply with their obligations CI0301_CIV_DCDT_Order Page 2 of 4 pursuant to the CGA? Is The Applicant entitled to a refund and damages for consequential losses? Did the washing mashing meet the guarantees of acceptable quality pursuant to the Consumer Guarantees Act 1993? 7. The Consumer Guarantees Act 1993 (CGA) requires that goods are of acceptable quality, including fre...

4. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...for a refund of the installation costs, plus reimbursement for the set up costs charged by her new provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services w...

5. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...employed by VP Limited and did not attend the hearing. DK did not attend the hearing either, having attended the original hearing, prior to the rehearing being granted. This order is made in the absence of both these parties. Issues [4] Is DK a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA)? [5] Do VP Limited's terms and conditions exclude their liability for this type of damage? [6] Has VP Limited provided parking services to DK with reasonable care and...

6. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [pdf, 72 KB]

   ...2013. A fault developed in about March 2014. In September 2014, BH emailed a Warranty Claim to YH Limited. YH Limited asked for the bike to be sent to its base in Christchurch for examination and repair. BH advised YH Limited that under the Consumer Guarantees Act he was not liable to pay the freight. There was a stand-off between BH and YH Limited as to who should pay for the freight to return the bike that lasted some time. On 3 November 2014 BH sent a letter to YH Limited ad...

7. IX v J Ltd [2025] NZDT 23 (09 April 2025) [pdf, 97 KB]

   ...The issues to be determined are: (i) Was the vehicle of acceptable quality? (ii) If not what remedy, if any is available to IX? (iii) Can IX claim for his Disputes Tribunal fee? Was the vehicle of acceptable quality? 4. Section 6 of the Consumer Guarantees Act 1993 (CGA), states goods supplied to a consumer must be of acceptable quality. Under section 7 of the CGA, goods are of acceptable quality [amongst other things] if they are as fit for all the purposes for which goods o...

8. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...travelled about 29,600kms. After repairs were carried out the vehicle broke down again about 2,000kms later. The campervan was taken to [mechanic] where it was repaired. 2. TD believes that U Ltd is liable for the cost of the repairs under the Consumer Guarantees Act 1993 (CGA). She has claimed the cost of towing relating to the [City] breakdown $1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City]...

9. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

   ...then cancelled it on 30 November 2023. The booking was to be from 30 December to 1 January. NS and his family had to find alternative accommodation but not in [Town] but a long way inland at [alternative accommodation]. 2. NS is claiming: Consequential losses of: a. Accommodation expenses (the difference in price between TN’s bach and the alternative accommodation) - $155.70. b. Travel expenses (the travel difference to go back and forth from the alternative accommodation...

10. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

    ...made, PO Ltd (or its agent) may collect the outboard motor from GC at a mutually convenient time. If the outboard motor has not been collected by 7 July 2022, GC may keep or dispose of it as he sees fit. Reasons: 1. On 2 February 2021, GC (the consumer) purchased an outboard motor from PO Ltd (the seller) on Trade Me for $345.00 plus $59.00 freight with a twelve-month warranty. After a few months, the throttle cable broke. The seller (at least initially) denied any liability, and the co...