Search Results

1. SN v CU & KU [2023] NZDT 167 (4 May 2023) [pdf, 160 KB]

   ...required, section 10(4)(c) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to the cost of any of the following: “any part of the work that is done after the due service of such notice and cross-notice and while differences between the parties remain to be resolved either by agreement or by the court”. CI0301_CIV_DCDT_Order Page 2 of 4 6. It was not disputed that there was no agreement between...

2. BG v L Ltd [2023] NZDT 249 (16 May 2023) [pdf, 165 KB]

   ...does not apply to this case because the applicant is using the piano, in part, for business purposes. However, that submission is incorrect. The Act does apply, as the Act defines “consumer” as “a person who acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.” So, the focus in the CGA is on the nature of the product, not its use. It is my view that a piano is “of a kind ordinarily acquired for per...

3. UW v X Ltd [2022] NZDT 290 (12 December 2022) [pdf, 185 KB]

   ...to receive? 1. UW has claimed that by withholding the PG 2 (paragliding) license he was entitled to receive, X Ltd breached his contractual rights provided for in the Contracts and Commercial Law Act 2017 and failed the guarantees regarding services in the Consumer Guarantees Act 1993. UW has concluded that the reason that the licence was withheld was because FI took a dislike to him. UW believed that there were no safety grounds for withholding the licence. 2. FI from...

4. NC & DC v T Ltd & HG [2023] NZDT 222 (19 May 2023) [pdf, 198 KB]

   ...of 4 17. The parties agree the contract was cancelled. Did NC and DC pay a $3000.00 deposit or was it a part payment? 18. A deposit is usually 10 to 15% of a quote. A deposit is not generally refundable as it is a payment made to secure a service. Any payment greater than 10 to 15% may be a part payment to assist with purchasing materials or subcontractors. A part payment may be refundable, either partially, or in full depending on the circumstances. 19. The full quote was $...

5. V Ltd v BS [2023] NZDT 695 (8 December 2023) [pdf, 154 KB]

   ...professional. They do not say whether their insurance policy was cancelled, and they are not on the list of clients whose commissions were clawed back. BS has not provided evidence that any of the clients on the list cancelled their insurance because of poor service by V Ltd’s and declined the offer of adjournment to make enquiries. I am satisfied the list of ‘clawback’ clients records those clients that cancelled their policies and in the absence of evidence otherwise I find it not...

6. TT v UN [2023] NZDT 439 (21 September 2023) [pdf, 160 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...

7. SQ v M Ltd [2024] NZDT 513 (6 August 2024) [pdf, 188 KB]

   ...a mediation. When that did not resolve the issue, the matter proceeded to a hearing in the Tribunal. Due to the Christmas break, a hearing was not convened until January 2024. 6. I find that SQ has not shown that M Ltd failed to provide the services that it was contracted to provide in a reasonably timely manner. X promptly investigated the issue when it was brought to his attention. Although the relative was present when the tenant viewed the property, X could not have known tha...

8. EH v KN Ltd [2024] NZDT 753 (21 November 2024) [pdf, 120 KB]

   ...tyre can be repaired or replaced. The applicant admits he did not take this advice but intended to use the vehicle for a week before having the tyre repaired. [14] I have looked at whether the respondent has been negligent in the provisions of its services to the applicant. I am not persuaded it was. Nor am I persuaded the respondent’s actions contributed to the loss. To be considered a contributing factor a party’s negligence must be, in some way, causative of proven loss. [15]...

9. IV v O Ltd [2024] NZDT 305 (8 April 2024) [pdf, 188 KB]

   ...IV said that because the items were broken, it has been proved that the carrier (O Ltd) failed to provide reasonable care and skill and is therefore in breach of the CGA. 14. Although the CGA can apply to other aspects of O Ltd in supplying its services that do not involve the carriage of goods, I am satisfied that the CGA does not apply to the carriage of goods. 15. I make my finding when I consider that the CCLA section 244 provides: “Despite any rule of law to the contrary,...

10. TQ & MQ v H Ltd [2024] NZDT 460 (19 June 2024) [pdf, 133 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...