Search Results

1. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 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://dis...

2. KL v BD [2023] NZDT 610 (20 November 2023) [pdf, 191 KB]

   ...of the $899.00 to KL? Did BD apply reasonable skill and care to the photography and editing of the photographs? 6. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 7. The question of whether BD applied reasonable skill and care to the composition of the photographs is highly subjective. The same question applied to editing of the photos is slight...

3. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [pdf, 208 KB]

   ...remedy? Was the construction carried with reasonable care and skill and was the outcome reasonably fit for purpose? 5. It was undisputed that there was no contractual relationship between the parties, and nor did the Applicants acquire the services of the company, so the CGA does not apply. Instead the Applicants rely on the implied warranties under the Building Act 2004. 6. Section 362I of the Building Act sets out the implied warranties that apply to a new build. These includ...

4. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is that he exercised reasonable care and skill when he produced the report and that it was fit for purpose. In particular he says...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...