Search Results

1. D Ltd v KL [2023] NZDT 684 (21 December 2023) [pdf, 119 KB]

   ...legal fees? Did the company fail to exercise reasonable care and skill or did it fail to provide an outcome that was reasonably fit for purpose? 5. The Consumer Guarantees Act 1993 provides certain statutory guarantees when suppliers provide services to consumers. These include an obligation to exercise reasonable care and skill (s28) and to produce an outcome that is reasonably fit for any particular purposes made known to the supplier and of such a nature and quality as to be re...

2. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

   ...however accepted practice within both real estate and legal professions that clauses within this type of agreement may, and are, routinely amended to suit the circumstances of the parties. That is, TX had the opportunity either himself, or through the services of his lawyer and/or real estate agent, to modify his obligations under the Agreement so that his actions would comply. While it may be unfortunate if TX did not know about his obligations under clause 3.4, I am required to make my d...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...