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1. [2018] NZSSAA 30 (15 June 2018) [pdf, 134 KB]

   ...considered at the time. 5 [18] The appellant also objected to contact by the case manager, refused to return messages, and failed to confirm that he would attend this hearing. When the case manager attempted to contact the appellant by telephone, his calls went unanswered and messages left on his voice mail were not returned. The appellant declined to provide an email address. He stated at the hearing that he did not like to answer phone calls from WINZ and did not want...

2. LQ & SC Ltd v DD [2021] NZDT 1344 (31 March 2021) [pdf, 214 KB]

   ...a steam boiler for $2,500 via Trademe from DD. The purchase was on behalf of LQ’s brother in law on Waiheke Island. LQ arranged for the boiler to be transported to Waiheke Island at a cost of $3,310.50. 5. Johann Aucamp of Boiler and Heating Services Ltd was engaged to commission the steam boiler. Mr Aucamp discovered the boiler was a water heater, not a steam boiler. 6. SC Ltd claims a total of $6,133.10, being a refund of the $2,500 paid for the boiler, $3,311.10 to transport...

3. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

   ...manufacturer dealing with a non-business consumer cannot contract out of its obligations under the CGA (see s 43). Information in the data sheet for a [Company] deep cycle battery suggests a longer expected life, and states that the length of cyclic service is affected by factors such as the depth of discharge, the ambient temperature, discharge rate, and the manner in which the battery is recharged. The most relevant evidence of expected life is therefore TO’s previous experience with d...

4. LC v TL and UB Ltd t-a HE [2021] NZDT 1668 (22 October 2021) [pdf, 150 KB]

   ...LC RESPONDENTS TL and UB Limited trading as HE The Tribunal orders: TL and UB Limited are to pay $662.00 to LC before 22 November 2021. Reasons 1. TL, while working as a contractor to UB Limited trading as HE, provided dental services to LC between 3 June 2020 and January 2021, supplying her with first an immediate denture, then a conventional denture. 2. LC claims that neither the immediate denture nor the conventional denture were of acceptable quality as t...

5. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...proved that NB Ltd did not carry out its work correctly, and that she incurred further expense as a result. The law [12] The parties’ transaction is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA lays down guarantees that services supplied in trade with be carried out with reasonable care and skill, and be fit for their purpose. If the trader fails to rectify any breach of a guarantee within a reasonable time, the consumer is entitled to have the repair done el...

6. HL v UED Ltd [2022] NZDT 113 (7 August 2022) [pdf, 101 KB]

   ...agency, a person is bound by a contract entered into in its name by another person if it has given actual or apparent authority to that person to act on its behalf. 6. UED Ltd trades as UED Ltd. It employs staff and provides routine dental hygiene services for its patients. Dentists, FC and MT, were shareholders and directors of UED Ltd. However, both carried out their specialised dental work through separate companies (BE Ltd, and TET Ltd). These companies operated from UED Ltd’s...

7. LE v ON [2021] NZDT 1691 (20 December 2021) [pdf, 221 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://disp...

8. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 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://di...

9. MD v BL [2019] NZDT 1376 (1 July 2019) [pdf, 193 KB]

   ...workers and subcontractors over December and early January, but the lack of progress in the weeks that followed could not be attributed to this. I am therefore satisfied that the extent of the delay was a breach of the responsibility to provide the service within a reasonable time. If so, was that breach substantial? 11. I find that the extent of the delay resulted in a substantial breach, thus enabling MD to cancel, and obtain compensation for any loss. 12. The work required a...

10. EL v CF Ltd [2022] NZDT 81 (30 March 2022) [pdf, 112 KB]

    ...until he himself took steps to make the car driveable. What compensation should be paid? [18] I consider that EL has proved his losses. He has provided a quote for the repair of the roof, which I accept is from a reputable provider of such services, and invoices for the costs that he has incurred in relation to the battery. CF Ltd is liable to pay EL the total of those expenses, which is $7,855.10 Referee: C Hawes Date: 30 March 2022 Page 4 of 4 Informa...