Search Results

1. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...says this work was arranged on an owners’ risk basis, and while it regrets that damage occurred and the concerns IC has expressed, it does not believe it has legal liability for this damage. 3. The issues to be resolved are: a. Were moving services provided with reasonable care and skill? b. Is IC entitled to compensation of $8,774.00 as claimed, or to any other sum? Were moving services provided with reasonable care and skill? 4. Contracts are recognised to have terms which...

2. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

   ...The relevant law is contract law, Part 5 Subpart 1 of the Contract and Commercial Law Act 2017 (CCLA), dealing with carriage of goods. Also, the Consumer Guarantees Act 1993 (CGA) which inserts certain guarantees into contract between suppliers of services in trade and consumers. What kind of contract of carriage was it? 8. Under CCLA s 248 and 249, the liability of a carrier for loss or damage to goods under a contract of carriage is determined by the kind of contract, which is a ma...

3. T Ltd v EO [2024] NZDT 814 (20 December 2024) [pdf, 201 KB]

   ...Dismissal”. EO says he sent out the same email to five different firms to catch their attention. 4. On 26 June 2024 T Ltd say they sent a “Welcome to T Ltd” email which included a link to their terms and conditions. The email says “by using our services you consent to these” On the same day an employee of T Ltd sent a “meet your advocate email” to EO. There was no response to either of these emails. 5. On 27 June 2024 T Ltd sent a personal grievance to EO’s employe...

4. KT v D Ltd [2025] NZDT 141 (3 March 2025) [pdf, 146 KB]

   ...house, and is to be removed from the channel between the house and the driveway to a reasonably acceptable alternative course. 3. The Optical Network Terminal (ONT) is to be relocated to the cupboard. Reasons: 1. On 14 July 2020, D Ltd via its [service provider] completed a fibre installation at KT’s house. KT is unhappy with some aspects of the installation, and claims that a conduit has blocked a channel near the house and caused water to flow into his storeroom and damage cabinet...

5. SM Ltd v QT [2022] NZDT 169 (31 October 2022) [pdf, 97 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 169 APPLICANT SM Ltd RESPONDENT QT The Tribunal orders: QT is to pay SM Ltd $892.50 by 25 November 2022. Reasons: 1. QT engaged SM Ltd to provide legal services to him relating to a new home, a licence to occupy and his Kiwisaver. 2. In his first consultation with SM Ltd’s NN on 9 March 2021, NN gave QT an estimate of costs like this: allow $1000 - $1500 + GST at this stage. 3. At th...

6. KW v T Ltd [2024] NZDT 195 (28 March 2024) [pdf, 203 KB]

   ...claims the cost of both repairs, $1919.50 from T Ltd. Issues: Was the installation carried out with reasonable skill and care? 3. The Consumer Guarantees Act 1993 (CGA) is the relevant legal framework. IT provides guarantees that any services (i.e. the installation of a gate) must be carried out with reasonable skill and care. If it can be shown that the installation was not carried out with reasonable skill and care, the consumer may be entitled to a replacement, repair or...

7. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

   ...Act 1993? 4. A breach of section 9 of the Fair Trading Act 1986 (FTA) occurs if a person in trade acts in a way that is misleading or deceptive, or is likely to mislead or deceive. A breach of the Consumer Guarantees Act 1993 (CGA) may occur if services are provided by a person in trade without exercising the necessary care and skill. 5. NM’s allegation was that he was presented with two options when the flights were changed by the airline. The first was he could rebook on an...

8. NQ v QC [2023] NZDT 328 (19 July 2023) [pdf, 118 KB]

   ...dismissed. Reasons 1. In 2022, QC Ltd acted for NQ on an employment matter with his previous employer, ED. QC Ltd sent to NQ a Letter of Engagement dated 7 April 2022 which was signed by NQ on 9 April. The Letter of Engagement sets out the services to be provided to NQ and it includes the following statement: “We estimate the fee, up to and including mediation, to be in the region of $2,500 to $3,500 plus GST, depending on the amount of time involved, and the results achiev...

9. KM v LK [2023] NZDT 255 (28 June 2023) [pdf, 96 KB]

   ...agreed to them when she accepted LK’s quote for the wedding. 6. LK’s terms and conditions include the following term: “In the event that the original scheduled makeup artist(s) are not able to attend the appointment to provide makeup services on the scheduled booking date, LK will make every attempt to replace the makeup artist(s). However, if we are unsuccessful, the limit of liability is a full refund of moneys already paid for the makeup for the affected date only.”...

10. NG v DN [2024] NZDT 837 (20 November 2024) [pdf, 202 KB]

    ...An invoice was submitted on 19 February for $9,850.90 less the retainer of $4,500.00. A total of $5,350.90 was the invoice payment requested. Payment was not made and NG claimed he was not paying the invoice as he had already paid $4,500.00 for the services. 3. NG claim $11,265.22 for the invoice amount in dispute of $5,350.90 and debt recovery fees of $5,914.32. 4. The issue for the Tribunal to determine is whether fees are owed to NG and whether debt collection fees are reaso...