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  1. I Ltd v N Ltd [2022] NZDT 282 (7 November 2022) [pdf, 196 KB]

    ...was only a ‘holding deposit’ to confirm their interest in the vehicle, and it was not a part payment towards the purchase price. 16. Mr E submitted that Mr I did state that he wanted to buy the vehicle. Acting on this, N Ltd proceeded to service [Truck 1], and obtain a new COF and registration. 17. If the deal had ended at this stage, it would be difficult to see any legal basis for N Ltd to retain any part of the deposit. 18. However, it did not end there. 19. Whe...

  2. EM & MM v QQ & Ors [2024] NZDT 675 (11 July 2024) [pdf, 215 KB]

    ...and resubmit them. CI0301_CIV_DCDT_Order Page 2 of 4 [4] The respondents did not attend the hearing, and have provided no defence to the claim to the Disputes Tribunal. They did not respond to the Tribunal’s request that they provide a phone number to enable them to be contacted. Boundary markers [5] The applicants said that they had found that there were no boundary markers in place when they took ownership and possession of the property. As they intended to build a hou...

  3. KO v Q Ltd [2025] NZDT 205 (26 May 2025) [pdf, 196 KB]

    ...Reasons 1. On 17 October 2024 KO’s wife parked his car on private property at [Address]. KO wishes to accept any liability for this action. 2. The owner of the private property had engaged Q Ltd to provide it with parking enforcement services. On 21 October 2024 Q Ltd wrote to KO saying that he owed $95.00. 3. On 23 October 2024 KO emailed Q Ltd to dispute the amount charged. Q Ltd adjudicated the dispute itself and on 24 October 2024 refused KO’s ‘appeal’. 4. O...

  4. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

    ...narrow issues before it. [9] Mr Putaanga also sought to have the Court determine whether he had raised an additional grievance relating to what he alleged was harassment by the health and 3 At [36] and [44]. safety manager through her phone calls to him immediately after his accident. I have also dealt with that issue as part of this decision. Issues [10] The issues for determination by the Court are: (a) whether Mr Putaanga raised a grievance of unjustified disadv...

  5. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

    ...Disputes Tribunal (s 17). Accordingly, the claim is struck out Was the service provided by HW carried out with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic or household use”. A person in trade is defined as a pe...

  6. UH Ltd v BI [2023] NZDT 13 (12 April 2023) [pdf, 99 KB]

    ...before purchase. BI was present during this inspection. NC asked BI directly whether any work had been done on the vehicle or if any work needed to be done. BI advised that work had recently been done on the brakes and that whereas she had the vehicle service records to confirm this they were not immediately available. [3] The parties negotiated the price. The applicant offered $48,000. After some discussion and an assurance from BI that she was not aware of any further work that needed t...

  7. ZS & U Ltd v NU Ltd [2022] NZDT 73 (24 March 2022) [pdf, 169 KB]

    ...that if they been contacted by ZS and told that she could not collect the car on Friday afternoon, they may have been able to store the car in the workshop over the weekend or arrange for it to be delivered to ZS; and c. NU Ltd forms part of a service station which was open until 9pm on Friday evening and the car could have been collected any time that the service station was open. I reject ZS’s argument that when she visited the premises on Saturday morning she thought that the se...

  8. UO v TQ Ltd [2023] NZDT 562 (14 November 2023) [pdf, 97 KB]

    ...document, and I conclude that it did not become part of the contract. Did TQ Ltd carry out its service with reasonable care and skill, and was it fit for the purpose? 10. 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. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before...

  9. ST v WJ Ltd [2021] NZDT 1702 (22 December 2021) [pdf, 179 KB]

    ...applicant claims he was only asked to sign a one-page finance agreement and has no knowledge of any insurance documents ED may have provided to the respondent. [4] This claim has been previously considered by both UG Ltd and the Insurance & Financial Services Ombudsman in late 2015/early 2016. The applicant was unsuccessful in both these claims. Both decisions set out in some detail the history of the complaint and I do not intend to set out the full details again. Both bodies conside...