Search Results

1. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...on two second hand tyres, and relisted it for $2,200.00 without mentioning that it could not get a WOF due to rust. (c) The Facebook ad made the following statements (among other statements): “DRIVE AWAY!!”, “wof is just out”, Regularly serviced”, “runs and drives very good”, “used every day around lower hutt and wellington”, “everything works as it should”, “very responsive car to drive”, “perfect family or daily/first car”. (! AS IS WHERE IS !) (d) T...

2. Horticulture New Zealand.pdf [pdf, 186 KB]

   ...HortNZ agrees to participate in mediation or other alternative dispute resolution of the proceedings. Lucy Deverall Advisor, North Island, Natural Resources and Environment Horticulture New Zealand 29 September 2020 Addresses for service: Horticulture New Zealand PO Box 10232, Wellington 6143 Phone: 027 582 6655 Email: lucy.deverall@hortnz.co.nz Contact person: Lucy Deverall Helen Atkins/Tom Gray PO Box 1585 Shortland Street AUCKLAND 1140...

3. LO v BH Ltd [2019] NZDT 1555 (5 August 2019) [pdf, 154 KB]

   ...April this year he was just outside his one-year warranty period. CI0301_CIV_DCDT_Order Page 2 of 3 8. I explained to the parties that there are various guarantees under the Consumer Guarantees Act (“CGA”) that a supplier of goods and services are deemed to have given to consumers regardless of any “shop warranties”. It appeared that MA and MI were not aware of a consumers’ rights under the CGA. A supplier cannot contract out of the guarantees under the CGA for consumers,...

4. BC v KG [2021] NZDT 1592 (4 August 2021) [pdf, 178 KB]

   ...Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Information Further information and contact details are available on our website: http://disputestribunal.govt.nz. http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt http://disputes...

5. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...on the basis of the first issue, my view on the second issue is relevant to that determination. I consider that the rental company had a duty under the Consumer Guarantees Act 1993 (CGA) to warn its customers regarding DEF, as part of providing its service with reasonable care and skill. I am persuaded that it had such a duty for a number of reasons: a) DEF being mistaken for diesel is a relatively new hazard of which many drivers will be unaware. b) This has quickly become a common p...

6. KG v SQ & vehicle testing company [2022] NZDT 125 (4 August 2022) [pdf, 194 KB]

   ...relation to [vehicle testing company], the law of bailment applies. A bailee must take reasonable care of goods in their possession. The degree of care depends on the circumstances. In this case, [vehicle testing company] was being paid for the services provided, and was in complete control of where the motorcycle was stored. Therefore, the duty of care was at the higher end of the scale. Did SQ carelessly damage the motorcycle? 12. SQ believes [vehicle testing company] was comple...

7. NI v J Ltd [2022] NZDT 112 (2 September 2022) [pdf, 211 KB]

   ...Respondent disputed some of the things the Applicants wanted fixed as being unrelated to the accident. 5. The Respondent provided the Applicants with a courtesy vehicle for the entire period. The Applicants also wanted the Respondent to carry out a free service, WOF and wheel alignment as compensation for the inconvenience. 6. The work required the front right wheel to be repainted, however the Applicants wanted all 4 wheels repainted, which the Respondent and the Applicant’s ins...

8. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...that contract. 15. In these circumstances, BC says he has been reasonable in his claim. He acknowledges his family were at the property for part of the first day and acknowledges costs (such as the first nights’ accommodation and the Airbnb service fee) will have been incurred by GN. BC says he has previously had other Airbnb bookings affected by Covid which have resulted in compromise arrangements and expected GN would act reasonably here as well. GN gave evidence at the heari...

9. EF & QF v JD & QN [2021] NZDT 1690 (20 May 2021) [pdf, 112 KB]

   ...of the agreement that the oven was in working order? 4. The parties signed a written contract for the sale and purchase of the house. Clause 7.3 of the agreement provided that the chattels listed in Schedule 2, and all equipment that provided a service to the property, were delivered to the purchaser in reasonable working order. The free standing oven was listed as a chattel in schedule 2. 5. Mr and QF said the oven was not delivered reasonable working order. Within four days of...

10. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

    ...Limited on or before Thursday 10 February 2022. 2. The claim against TX is dismissed. Reasons: 1. In July 2021, the applicant GT Limited booked a Polaris Ranger it owned into the workshop of EN Limited trading as TTE (the workshop) for a service. The workshop refused to return the Polaris until the applicant paid an outstanding invoice for a different Polaris the workshop had repaired in November 2020. The other Polaris had been booked in by CU, the brother-in-law of the applica...