Search Results

1. 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

2. 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...

3. 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....

4. 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...

5. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...agreed between parties, and also implied terms. Terms implied into a contract by law include those such as under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an acceptable quality. Section 7 CGA provides further information about what acceptable quality means, in...

6. TN v Q Ltd [2024] NZDT 388 (28 May 2024) [pdf, 98 KB]

   ...paid, and if so to what effect? Is the contract fixed as to price or fixed as to the specified hourly rate charged for however long the job took? 4. When two parties reach agreement about an exchange for value, for example, the provision of services in exchange for money, a legally binding contract is formed. The terms of the contract are those about which there is evidence of agreement from the parties’ actions and words, written or unwritten. 5. There were two quote doc...

7. ES v D Ltd [2024] NZDT 370 (31 May 2024) [pdf, 176 KB]

   ...The Credit Contracts and Consumer Finance Act 2003 (CCCFA) s 7(1) defines a credit contract as a contract under which credit is or may be provided. Section 6 defines the provision of credit to include the granting of a right to purchase property or services and defer payment for that purchase (in whole or in part). 5. The seller submitted that the buyer entered into two separate contracts: a sale contract, which left the payment method open, and then the credit contract. However, the sta...

8. SO v TH [2024] NZDT 536 (25 July 2024) [pdf, 235 KB]

   ...particular she thinks TH is exercising more votes than allowed under the Constitution which enables him, she alleges, to control the organisation and to benefit both in the running of his taxis and via associated businesses he and his son own which provide services to HT. She is claiming for the cost of legal expenses she has incurred in trying to challenge this. 3. The issue for determination is whether the Tribunal has jurisdiction to hear this claim. There are two aspects to this:...

9. SI v B Ltd [2024] NZDT 326 (8 May 2024) [pdf, 136 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...

10. U Ltd v KG Ltd [2024] NZDT 477 (6 June 2024) [pdf, 93 KB]

    ...APPLICANT U Ltd RESPONDENT KG Ltd The Tribunal orders: KG Ltd is to pay U Ltd $3,450.00 within 28 days. Reasons [1] U Ltd, represented by director SI, claims from KG Ltd, represented by directors LN and TF, $3,450.00 for goods and services supplied by U Ltd to KG Ltd. KG Ltd says that the work was not authorised, and that the price charged is excessive. [2] SI said that U Ltd’s business involved the manufacture of furniture. In this case, he had been asked by T...