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1. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...and as that needs to include non-liability for the balance of the $3895.74 invoiced by UK Ltd, being $670.74, the maximum payable to her (excluding judicature interest) is $4000.00 minus $670.74, being $3329.26. The total reduction in value and consequential losses are therefore reduced to that maximum of $3329.26 and judicature interest as per finding 20 is added for a total payable by UK Ltd of $3530.82. [23] In addition to that EP is not liable to pay the balance on the invoice...

2. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...Tribunal proceedings. 7. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. If the prob...

3. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   ...and taken to a mechanic for assessment. It was determined that the engine required replacement. 3. MS filed this claim for $30,000.00 on 26 April 2023 against a different company, seeking the repaired vehicle back or a replacement vehicle and consequential losses from being unable to work for 6 months due to not having her vehicle. The claim was amended at the first hearing on 26 June 2023 to name the correct Respondent. The new Respondent was represented at the hearing, therefore...

4. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...practitioner to be either unwilling or unable to meet the reasonably foreseeable financial consequences of lapses from professional standards, and continue in practice. [40] Mr Fernyhough has to this point failed to make good the loss of $15,000, and the consequential further costs and losses. That is a deficiency and the Tribunal will issue an order that Mr Fernyhough remedy the defect within 12 months of this decision. 6 [41] The order will be pursuant to section 51(1)(b)...

5. AQ & BQ v DD Ltd [2022] NZDT 4 (11 February 2022) [pdf, 96 KB]

   ...so, does the compensation payable for this result in any sum payable by either party? Did DD Ltd fail to do work with reasonable care and skill? 4. All building work undertaken at the property was subject to the statutory warranties in the Consumer Guarantees Act 1993, one of which is that the work will be undertaken with reasonable care and skill. 5. On the evidence that could be presented at the hearing, AQ and BQ established that it was likely there were five errors made that...

6. 20240531-Local-Government-Water-Services-Preliminary-Arrangements-Bill.pdf [pdf, 285 KB]

   ...decision-making processes for establishing, joining, and amending water services council-controlled organisations; and, d. an approach to creating a financially sustainable model for Watercare.2 7. In addition to its stand-alone provisions, the Bill includes consequential amendments to the Local Government Act 2002, the Local Government (Auckland Council) Act 2009, and the Civil Defence and Emergency Management Act 2002. Consistency of the Bill with the Bill of Rights Act Section...

7. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking proces...

8. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   .................................................................................... 9 MEASURE OF DAMAGES .....................................................................................11 DAMAGES CLAIMED BY THE CLAIMANTS ..........................................................13 CONSEQUENTIAL DAMAGES ..............................................................................14 GENERAL DAMAGES ..........................................................................................

9. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...the description as being of Solid Wood? b) Was the kitchen free from defects and installed with reasonable skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description...

10. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

    ...terms and conditions of hire limit its liability to EU, and further, provide it indemnification by EU against claims from third parties (F Ltd and SC Ltd in this case) for damage. 7. With respect to I Ltd’s contract with EU, I find that EU is a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and...