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1. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [pdf, 199 KB]

   ...the position they would have been in had the promise been kept. 5. Clause 7.3 of the Agreement for Sale and Purchase (ASP) between the parties provides a warranty by BE & NE that ‘… all plant, equipment, systems or devices which provide any services or amenities to the property, including, without limitation, security, heating, cooling or air conditioning are delivered to the purchaser in reasonable working order…’ 6. The question is whether this warranty extends to cover t...

2. DX & QX v T Ltd [2023] NZDT 215 (27 April 2023) [pdf, 99 KB]

   ...by a representative of MT, stated that “.. we are of the opinion from a structural perspective that even though the foundation settlement is not a direct result of the [earthquake] sequences, if required, the foundation can still be releveled for serviceability purposes”. [5] The applicants had repair work done, and the sale of the house proceeded. The floors were revelled at a cost of $27,914, and they incurred other costs as a result, including replastering, repainting and the rebu...

3. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...cancel the contract and in addition, obtain from the supplier damages for any loss or damage to the consumer resulting from the failure. The definition of “a failure of substantial character” under the CGA includes situations where the goods or services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure. CI0301_CIV_DCDT_Order Page 2 of 3 5. Clearly TL would not have purchased the lehenga if she knew it was not doi...

4. TU v SM S Ltd [2023] NZDT 404 (11 September 2023) [pdf, 214 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://disputestr...

5. I Ltd v XN [2023] NZDT 192 (18 April 2023) [pdf, 206 KB]

   ...Tribunal orders: XN is to pay I Ltd $30,000.00 on or before Friday 5 May 2023. Reasons: 1. On 30 July 2020, XN purchased a [redacted] vehicle from I Ltd for $34,100.00. The vehicle was purchased on finance and as part of the sale XN used the services of I Ltd to broker insurance with [insurance company] on her behalf. One month later XN was rear ended and the car was significantly damaged. She is a salesperson and relies on her vehicle for her work. She returned to I Ltd and an...

6. QU v GD Ltd [2024] NZDT 104 (9 February 2024) [pdf, 113 KB]

   ...person in trade may engage in conduct that is misleading or deceptive or which is likely to mislead or deceive. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill when providing a service to a consumer. The common of law of contract also applies. 5. QU’s position is that the insurance that he purchased only covered travel and not medical insurance cover, and that he ought to have been offered medical insurance. He s...

7. TN v KM [2024] NZDT 696 (29 November 2024) [pdf, 187 KB]

   ...proceedings before the Tribunal, unless the claim falls within the reasonably narrow circumstances set out in the rest of section 43. This reflects the purpose of the Tribunal which is to provide a low- cost and easily accessible dispute resolution service. 18. These circumstances do not apply here and accordingly, TN is not able to be awarded these costs. 19. In total, I find that TN is entitled to be paid $1,597.50 by KM. CI0301_CIV_DCDT_Order Page 3 of 4

8. KD & SB v W Ltd [2024] NZDT 894 (19 December 2024) [pdf, 192 KB]

   ...floorboards were in the storage container. I therefore I find that the floorboards were of acceptable quality. Was varnish done so with reasonable care and skill? 14. Under s28 of the Consumer Guarantees Act 1993 a consumer has the guarantee that services will be carried out with reasonable care and skill 15. The applicants claim the sheen, the thickness and the sample of varnish does not match exactly with what they requested. In terms of the sheen the respondent does not disp...

9. BT v T Limited [2024] NZDT 656 (10 September 2024) [pdf, 196 KB]

   ...noted that it was relying on what the builder had measured and ordered. BT approved the order and paid the final invoice. When BT accepted the order, he confirmed that they were the goods he wanted to order. 8. I find that T Limited offered the service of supplying roofing materials. It supplied what BT, based on the notes of his builder, wanted. T Limited was not engaged to check the accuracy of the builder’s measurements and had no reason to suspect it was not accurate....

10. N Ltd v T Ltd [2024] NZDT 341 (25 May 2024) [pdf, 97 KB]

    ...the basis that it did not park the car there, and therefore did not enter into a contract with T Ltd. 6. S13(i) of the Fair Trading Act 1986 states that “No person shall, in trade, in connection with the supply or possible supply of goods or services […] make a false or misleading representation concerning the existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy, including (to avoid doubt) in relation to any guarantee, right, or remedy available...