Search Results

1. BI v K Ltd [2023] NZDT 243 (17 March 2023) [pdf, 101 KB]

   ...warranty, if the building contractor after being required to remedy the breach fails to do so, the client may have the breach remedied elsewhere at the building contractor’s cost and claim damages (s 362M). Similarly, the CGA provides that where a service fails to comply with a guarantee, the consumer may, where the failure can be remedied, require the supplier to remedy it within a reasonable time (s 32(a)(i)) if they fail to do so, the consumer may have the failure remedied elsewhere a...

2. ET v SC [2024] NZDT 713 (21 August 2024) [pdf, 105 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...

3. LT Ltd v IU [2024] NZDT 531 (24 July 2024) [pdf, 227 KB]

   ...obligations that arise from a contract, but circumstances show an obligation arises where one party has been unduly enriched at the expense of the other. This need not be an enrichment in a pure monetary sense, but for example may include a recovery for services rendered and work performed where no contract had come into existence, or where work is done in anticipation of CI0301_CIV_DCDT_Order Page 3 of 4 a contract arising. 13. However, in these circumstances there is no evid...

4. UI v T Ltd [2025] NZDT 11 (27 January 2025) [pdf, 138 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...

5. O Ltd v TG [2025] NZDT 27 (28 January 2025) [pdf, 146 KB]

   ...the paint colour was changed) and what is therefore payable under the contract? 6. As the parties disagree as to whether a specific additional price was agreed when TG changed the paint colour, the Consumer Guarantees Act 1993 guarantee, that services shall be provided at a reasonable price, applies. I accept O Ltd’s contention that the 3.5 hours of labour (for 2 people) is unrealistic for an extra coat for the entire exterior. 7. O Ltd’s invoice for the extra work includes an...

6. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 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-civi...

7. BI & Ors v W Ltd [2024] NZDT 403 (2 March 2024) [pdf, 198 KB]

   ...through W Ltd’s Group Sales Team. 4. The applicants claim the sum of $4,994.33 for the cost of their flights. 5. The issues to be determined are as follows: a. Did W Ltd mislead the applicants regarding the use of the FFC’s? b. Was the service W Ltd provided fit for purpose? c. What remedy, if any, are the applicants entitled to? Did W Ltd mislead the applicants regarding the use of the FFC’s? 6. Section 9 of the Fair Trading Act 1986 (FTA) provides that “No person s...

8. BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [pdf, 101 KB]

   ...that they no longer had confidence that the pump was fit for purpose, and that they were rejecting it under the Consumer Guarantees Act (“the CGA”). They added that they were not confident that Q Ltd could provide proper advice and installation services, and they requested a refund for the price of the pump. [6] KK and BK said that, despite that email, Q Ltd had proceeded to replace the motor. As they could not leave the property without a water supply, and had not received a refund...

9. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and was not being paid for his services. I Ltd queried that scenario, given he runs a business doing the same kind of work he was doing for the event, but there is no tangible evidence to prove or disprove EU’s statement either way. However, EU has written in his or...

10. UA v BT [2025] NZDT 132 (1 March 2025) [pdf, 204 KB]

    ...the [laptop]. Reasons: 1. UA purchased a refurbished [laptop] for $1,769.00 for his daughter KA on 16 April 2024. On June 9 the laptop stopped working. Following the advice of BT, UA took the laptop to [Computer Store] as BT-certified service provider who diagnosed the issue on 18 June as due to liquid damage on the logic board. The cost of repair was quoted to be $2,762.99 which UA declined. The [laptop] sporadically powered on in late July prompting UA to get a second opini...