554 items matching your search terms
IN THE DISPUTES TRIBUNAL [2013] NZDT 61 BETWEEN ABN Ltd APPLICANT AND AND ZYR RESPONDENT ZYQ SECOND RESPONDENT Date of Order: 27 May 2013 Referee: Referee Dryden ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYR and ZYQ are to pay ABN Ltd $463.63. Payment is to be made directly between the parties by Wednesday, 5 June 201
...issues. 9. I am satisfied from the photographs and evidence from EG Ltd’s witness’ assessment, that this was clearly not the case. In less than 12 months the powder coating on arms and legs was breaking away. 10. Section 7(4) of the CGA provides the supplier with a defence where the consumer is responsible for the failure. The first requirement for this defence is that the goods have been used in an unreasonable manner or to an unreasonable extent. The second requirement is...
...or provide any defence to the claim. The absence of a party does not prevent the hearing from going ahead. The issues to be determined is whether KD entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Similarly, there is a guara...
...to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. If the problem in this case was a more simple one t...
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 111 APPLICANT NN RESPONDENT SG Ltd The Tribunal orders: 1. SG Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost
...was sufficient basis to infer an agreement from the communications between the parties and the usual ways in which the courts imply terms into contracts. Were the materials of acceptable quality? 7. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. This guarantee applies to goods supplied under a contract for work and materials (CGA s 15). 8. BK provided photogra...
IN THE DISPUTES TRIBUNAL [2015] NZDT 889 BETWEEN EA APPLICANT AND UZ LTD AS AN AGENT FOR UZU RESPONDENT Date of Order: 12 August 2015 Referee: Referee Smallbone ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that UZ Ltd is to pay $8,318.08 to EA by 5pm on Thursday 20 August 2015. Following payment to EA, UZ Ltd may arrange for the collection of the dismantled damaged engine from EA at UZ Ltd’s cost. Facts [1] Th
...overestimated the water usage at the property, and a portion of the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the prope...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 38 APPLICANT NQ RESPONDENT HN The Tribunal orders: The claim is dismissed. Reasons: 1. NQ purchased a two year old female huntaway working dog called C from HN in April 2021. In June 2021 C suffered a prolapse and NQ put her down. He claimed for a refund of the $2,000 purchase price he paid. 2. HN disagreed th
...Commerce Commission’s ability to apply to the courts for a declaration that terms are unfair and is not applicable to this claim. Was the decision to invoke the rain date made with reasonable care and skill? 11. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 12. Part of the service provided to concert goers was th...