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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 8 APPLICANT EL RESPONDENT FO The Tribunal orders: The claim is dismissed. Reasons: 1. EL contracted FO to make a 21st birthday cake for her daughter’s upcoming 21st birthday celebration. Discussions as to the icing requirements and design took place, mostly by text, with specific requests for blue ma
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 215 APPLICANT SU RESPONDENT WC The Tribunal orders: WC is to pay SU the sum of $2,755.32 on or by 16 December 2022. Reasons 1. SU brings a claim against WC for $2,755.32 in relation to work that WC commenced but did not complete for the construction of footings and floor for a garage. 2. The parties were advis
...acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in ss6–8 of the CGA. Clause 5 of...
...medical condition” to SN & TN’s claim? b. Are SN & TN entitled to $26,503.40 under the insurance policy? c. Are SN & TN entitled to $3,250.00 for stress and inconvenience or for breaches of the Consumer Guarantees Act 1993 (“CGA”)? Has B LTD incorrectly applied the definition of a “pre-existing medical condition” to SN & TN’s claim? 9. A contract may be defined as a legally binding agreement or a promise or set of promises between two or mor...
...says attempts at contacting VQ re the problems yielded no response. DJ also claims his fence has been marked during the spraying and he claims a refund of the full price paid ($1,300). [3] The relevant law is the Consumer Guarantees Act 1993 (CGA). Issues [4] Was the patchy lawn caused by any failure on the part of VQ to provide their hydro- seeding service with reasonable care and skill? [5] What remedy, if any, is available? Was the patchy lawn caused by any failure on the par...
...what is a reasonable value to have the resulting damage put right? Is it more likely than not that the water damage beneath the shower could have reasonably been picked up February 2018? 4. 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 carried out with reasonable care and skill. For DC to succeed with her claim she must show on the balance of pro...
...the logic board had failed. 2. Cody claims $1,482.41 from B Ltd being the cost to replace the logic board. The issue to be resolved is whether DG’s [laptop] is of acceptable quality. 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). a. Section 6 of the CGA provides a guarantee to a consumer that goods will be of acceptable quality. b. Section 25 provides that this guarantee applies to the manufacturer of the goods. c. Section 7 provides that goods will b...
...of the replacement flights. 5. The issues to be determined are: a) Are the consumers entitled to damages? b) What sum, if any, is payable? Are the consumers entitled to damages? 6. Both parties referred to the Consumer Guarantees Act 1993 (CGA). The CGA applies to domestic flights, but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held tha...
...Ltd breached its legal obligations to him. He has to do so on the balance of probabilities, i.e. as ‘more likely than not’. Did L Ltd provide its services with reasonable care and skill? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee for consumers that the services provided by a business will be carried out with reasonable care and skill. 6. QT claimed that the repeated technical problems experienced by the [Ferry 1], which required the reschedul...
...determined are: a) Was the consumer entitled to cancel the contract? b) What sum, if any, is payable? CI0301_CIV_DCDT_Order Page 2 of 3 Was the consumer entitled to cancel the contract? 7. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer m...