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1. FF v TU and TUU [2016] NZDT 1035 (21 September 2016) [pdf, 145 KB]

   ...serviced the vehicle. Issues The issues to be determined are: Did the transmission fail due to an inherent defect or due to some other cause? Was the Jeep of acceptable quality and, in particular, was it sufficiently durable under the Consumer Guarantees Act 1993? Do any of the parties qualify as the “manufacturer” of the vehicle? Is FF entitled to recover damages from any of the parties, and if so, how much? Did the transmission fail due to an inhere...

2. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 314 APPLICANT BS and CS RESPONDENT C Ltd The Tribunal orders: C Ltd is to pay BS and CS $2,817.05 on or before 6 May 2024. Reasons: 1. In mid-2022, BS and CS (the consumers) were planning a three-week trip to [country] at Christmas. They made an advance booking for their two [breed] cats, N and Z, at a [suburb] cattery owned by C Ltd (the supplier), and they paid a $50.00 deposit. A few days before...

3. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

   ...TN Ltd says it provided them to try to make up for any shortcomings in the decorations for the [pre-wedding event 1], and compensation for stress on the evening in question. 3. The issues to be decided are: a. Has there been a breach of the Consumer Guarantees Act 1993 by TN Ltd? b. If so, what remedy is appropriate? c. Is TN Ltd entitled to any further payment from KQ and OS? Has there been a breach of the Consumer Guarantees Act 1993 by TN Ltd? 4. On the basis of the eviden...

4. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...Court [2023] NZDT 354 APPLICANT KN and PN RESPONDENT V Inc The Tribunal orders: V Inc is to pay the sum of $2,898.92 to KN and PN on or before Friday 25 August 2023. Reasons: 1. On 29 August 2022, KN and PN (the consumers) paid $1,818.48 for two one-way tickets on V Inc from [NZ city] to [International city A] departing 13 November and arriving in [International city A] on 13 November. 2. The flight was initially delayed for several hours until later...

5. Regulatory Impact Statement improvements to district court rules [pdf, 66 KB]

   ...Rules Executive summary 1. The District Courts Rules 2009 (the Rules) prescribe pre-court procedural steps that require parties in civil cases to exchange lengthy court forms before their case comes before a judge. These requirements are time-consuming and can make limited contribution to resolving a case. 2. This RIS reviews three options for addressing these problems: A. retaining the status quo; B. adopting the High Court Rules; or C. adopting a modified version of the Dis...

6. What claims you can make

   ...from a private seller and want to dispute the sale – you’ll need to go through the Disputes Tribunal.Disputes Tribunal You can make a claim with the Motor Vehicle Disputes Tribunal if you think a motor vehicle dealer has breached 1 of these Acts: Consumer Guarantees Act Fair Trading Act The tribunal can deal with disputes of amounts up to $100,000. It can be more if both parties agree in writing. You can also claim for the remedies (such as repairs) available under the Act that relate to...

   Located in:

   1. Tribunals >
   2. Motor Vehicle Disputes Tribunal

7. SD v L Ltd [2024] NZDT 240 (8 March 2024) [pdf, 180 KB]

   ...done so, L Ltd is to collect the courtesy car from SD at a mutually convenient time. If the courtesy car has not been collected by 29 March 2024, SD may keep or dispose of the courtesy car as he sees fit. Reasons: 1. On 30 September 2023, SD (the consumer) signed an agreement to purchase a [vehicle] from L Ltd (the supplier) for $16,570.00. The consumer paid $6,570.00 in cash and organised his own finance for the other $10,000.00. When the consumer arrived at the car yard on the agreed...

8. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...and to non- payment (s32, s36, s38). It would then be LQ’s onus to establish there was some value left in the work for which it was nonetheless just that it be paid (s39). JN and BN could then seek to prove a set-off to any such payment of their consequential losses (s32(c)). 7. This is not a case in which there can be certainty about what occurred. However, in a civil matter, findings are made only on the balance of probabilities. In other words, I must assess the evidence availa...

9. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

   ...30 August 2020. e. $6046.17 for the North Shore Cardiology Department service on 31 August 2020. f. $880.30 comprising $440.15 for each of 2 reviews on 20 September 2020 and 18 February 2021. 3. The issues to be determined are: a. Does the Consumer Guarantees Act 1993 apply? i. If so, is N Ltd liable under Consumer Guarantees Act 1993 for the breach of any guarantee concerning the original pacemaker which was supplied by N Ltd China Limited and implanted in China and any reasonab...

10. NT v SQ [2023] NZDT 498 (31 October 2023) [pdf, 176 KB]

    ...the car had no issues. Since the car is uneconomic to repair, damages are measured by the difference between the actual value of the car and the expected value of the car in the condition as represented. The buyer can also recover any foreseeable consequential losses. 11. The estimated value of the car if sold for parts is $600 to $650. The higher figure is applicable since the buyer bears the onus of proving the amount of his claim. Assuming the purchase price represented the value if t...