Search Results

1. CT v DF Ltd [2024] NZDT 167 (25 March 2024) [pdf, 181 KB]

   ...said he had ‘no option’ but to purchase a new replacement battery for $4,679.95 (incl. fitting) as he needed the car for work. ID offered CT $600.00 in compensation. CT refused the offer and demanded a full refund. ID stated that CT failed to service the battery in accordance with the terms of the warranty and should not be entitled to any remedy. CT stated that ID failed to send him reminder texts/emails and breached the terms of the warranty and should not be able to rely on that...

2. HI v HD Ltd [2023] NZDT 85 (15 March 2023) [pdf, 105 KB]

   ...and no further comprehensive credit reporting requirements that would lead to “red flags” on HI’s credit rating it is not responsible for any loss suffered by HI. 8. The issues I have to consider are: a. Did HF Ltd fail to provide services with reasonable care and skill? b. If so, what remedy is appropriate? Did HF Ltd fail to provide services with reasonable care and skill? 9. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 states...

3. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 273 APPLICANT XN RESPONDENT C Ltd The Tribunal orders: The hearing is dismissed. Reasons 1. XN asked C Ltd to service his vehicle. Some weeks later he was cleaning the car and found a broken part of the glove box, a hole near the back, on the right-hand side. He also found signs of glue around the hole. XN recalled that the service would have required...

4. IH v QM [2024] NZDT 389 (5 June 2024) [pdf, 101 KB]

   ...[username 1]. 4. IH completed the purchase and received the car, paying $37,900.00. 5. On further investigation IH discovered that the [platform] user “[username 1]” was a company called “HU Ltd”. The registered office and address for service of that company is [address], which is QM’s residential address. 6. IH filed the current claim, seeking $12,000.00 from QM on the basis that shill bidding had pushed the price of the auction up and the last legitimate bidding on...

5. NI v C Ltd [2024] NZDT 412 (22 April 2024) [pdf, 183 KB]

   ...to it. It advised NI that it was no longer prepared to transport his lawn mower for the price agreed. It offered to transport it for a higher figure, but NI never accepted this. Where a business wishes vary the agreement with its customer about the services it will provide, it needs to ensure that the customer agrees to this. 14. I therefore conclude that C Ltd went ahead with the transport of NI’s lawn mower in circumstances where there was no clear agreement between them about the...

6. LL v KE [2024] NZDT 610 (16 July 2024) [pdf, 135 KB]

   ...there is a duty to warn. There is no duty to warn in a private sale between persons unknown to each other. The fact that no service had been undertaken since 2021. 10. This is not a misrepresentation. It is a fact that the van had not been serviced since 2021. A seller is under no duty to service a vehicle. Conclusion 11. As I have not found that KE made any misrepresentation that entitles LL to compensation, I do not need to consider the final two issues. 12. For...

7. YD & YA v CU Ltd [2024] NZDT 491 (17 June 2024) [pdf, 185 KB]

   ...was remediated, and the applicants claim that CU Ltd delayed this process. On 28 April 2023, CU Ltd terminated the property management agreement without notice “due to irreconcilable differences”. 2. The applicants are dissatisfied with the service received during the contract, and believe that CU Ltd terminated the contract wrongfully. They now claim $9,000.00 in damages from CU Ltd. 3. The parties agreed at an earlier hearing that CU Ltd would refund $598.00 for the initial asbe...

8. QC v G Ltd [2025] NZDT 106 (21 February 2025) [pdf, 180 KB]

   ...steering head bearings on the new bike were found to be “notchey” at the 20,000 km service a year after purchase, when the odometer reading was 21,281 km. Nor was it disputed that they needed to be replaced and that the bike had been correctly serviced at 1,000 and 10,000 km mark. CI0301_CIV_DCDT_Order Page 2 of 3 6. However, QC’s position is that from his own experience as a motorcycle rider those steering head bearings should have lasted longer and he disputes that t...

9. LCRO 132/2016 FA v GD (20 December 2018) [pdf, 178 KB]

   ...application for review [24] Ms FA disputes that she accepted the advice from Ms NT that the deposit had to be refunded. She accuses her of not telling the truth. She maintains that Ms NT had told her the deposit had already been refunded when she telephoned on 28 August. [25] Her complaint is that she expected Mr GD to: ...at the very least… make a phone call to their solicitor to discuss the issue and ask for compensation to recover costs for the damage. [26] She says that it...

10. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

    ...holiday accommodation elsewhere. 4. On or around 21 December 2023, DI saw his credit card was charged a total of $6390 in two separate payments amounting to the full booking price of the accommodation. 5. DI immediately contacted C Ltd by phone who said that as per their online system, the property was booked by DI on 22 October 2023. They refused to give him a refund by way of cancellation. 6. DI requested that they relist the property as available on the dates booked by him...