Search Results

1. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...balance of probabilities, that is, whether the issues raised by them are more likely than not to have occurred. If that is proved then whether NPU breached the terms of is contract with BU and/or any provision under the Consumer Guarantees Act 1993 (CGA), more specifically the provisions raised by BU (which they say apply in relation to the issues) namely s 28 of the CGA (which provides that services must be carried out with reasonable care and skill) and s 29 (which provides that service...

2. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...SB and accordingly DF Ltd would be liable for any breach under that contract. Was there a breach of contract? 7. Although TB is bound by the contract between the parties there is overriding protection under the Consumer Guarantees Act 1993 (CGA) regardless of what the contract says. In fact, the contract acknowledges this. It says in clause 1.4: Nothing in these policies is intended to limit or exclude U’s liability, or the liability of a Presenter, under applicable consumer la...

3. HI v D Ltd and FB [2024] NZDT 26 (20 February 2024) [pdf, 233 KB]

   ...consider are: a. Did FB and / or D Ltd breach the Fair Trading Act 1986 (“FTA”) by giving misleading information about additional surcharges at the time of HI’s booking? b. Did FB and / or D Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by failing to provide its customer service with reasonable care and skill? c. Is HI entitled to the Disputes Tribunal filing fee of $90.00? d. Is HI entitled to compensation of $2,500.00? Did FB and/or D Ltd breach the...

4. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...the extensive written documents provided, the oral evidence of the parties, and the relevant law, including the law of contract, the Contract and Commercial Law Act 2017 (CCL), the Fair Trading Act 1986 (FA) and the Consumer Guarantees Act 1993 (CGA). [9] BT has outlined four specific areas of loss plus consequential damages. The applicant claims $6,715.00 to replace a fridge freezer system, $3,004.83 to replace a hatch, $1,698 to reinstate the forward berth squab and $47.22 to reco...

5. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...to protect it from damage and was therefore not reasonably fit for purpose. 19. There is a written contract between the parties which sets out their respective rights and obligations. In addition to the contract the Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts, including that goods are of acceptable quality (s 6-7 CGA), are provided with reasonable care and skill (s 28 CGA) and that services provided are reasonably fit for the particular purpose for which the...

6. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...car faulty? e. What remedy, if any is available to the applicant? CI0301_CIV_DCDT_Order Page 2 of 6 4. The relevant law is the law of contract, the Contract and Commercial Law Act 2017 (CCLA) and the Consumer Guarantees Act 1993 (CGA). 5. Any applicant to the Tribunal has the task of establishing the legal and factual elements of its claim to the required standard. That standard is the balance of probabilities which means that it is more likely than not. When assessi...

7. KI & XI v T Ltd [2024] NZDT 434 (1 May 2024) [pdf, 228 KB]

   ...secure? e) If so, did the misrepresentation induce KI to enter into the self storage licence agreement? f) What remedy are XI and KI entitled to? 4. In filing their claim XI and KI have raised provisions in the Consumer Guarantees Act 1993 (CGA). Does T Ltd have any liability for the damage to the furniture under the terms of the contract? CI0301_CIV_DCDT_Order Page 2 of 5 5. The terms of the written contract entered into by the parties include that except to the ext...

8. LC v DH Ltd & QH Ltd [2021] NZDT 1667 (11 October 2021) [pdf, 115 KB]

   ...to the costs totalling $567.77, and if so, who should pay these? Were the services provided by DH for the original work and the remedial work carried out with reasonable care and skill? 10. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 11. I find, on the balance of probabilities, that DH did not provide s...

9. HB Ltd v K [2021] NZDT 1301 (13 January 2021) [pdf, 212 KB]

   ...the work was done late, compared to the timeframes estimated in the contract, these timeframes were not specified to be off the essence, and the breach was not sufficient to justify a finding of a substantial breach, entitling cancellation under the CGA. Further delays in progressing the project in 2020 came about largely through a failure of the clients to engage, given their disappointment in the work. 8. Nonetheless, as the cancellation was communicated in June 2020, and accepted, t...

10. EQ v F Ltd [2023] NZDT 175 (27 June 2023) [pdf, 149 KB]

    ...remedy the fault? (iii) Did F Ltd fail to fix the fault or is the fault substantial? (b) Is EQ entitled to an order that he is not liable to pay the repair account of $427.50? Was the F Ltd obliged to fix the fault under the warranty or under the CGA? Is EQ entitled to cancel the contract and get a refund of $3,025.00? Was the treadmill of acceptable quality? If not, was F Ltd given an opportunity to remedy the fault? Did F Ltd fail to fix the fault or is the fault substantial?...