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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 763 APPLICANT MS RESPONDENT (amended) D Ltd The Tribunal orders: D Ltd shall pay MS $2,400.00 by 25 January 2024. Reasons: 1. MS purchased a second-hand vehicle from D Ltd on 24 March 2022 for $19,000.00, of which $1,500.00 is still owing. MS also purchased a [warranty policy] for $1,100.00, which is also still owing. 2. The vehi
...agreement? 10. Contract law recognises contracts have express terms (i.e., that are agreed between the parties), and implied terms (i.e., that may be implied by the law). Examples of such implied terms are under the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”). 11. I find there has been no breach of the agreement, either of an express or implied term. 12. I say that because EH has not provided evidence of any breach, nor are there any matte...
...issue I find that the charges were not clearly explained to HN by the clinic. What is a reasonable price for the services? 18. As I find that the charges have not been clearly explained, I now consider s31 of the Consumer Guarantees Act (“CGA”) to determine a reasonable price for the services provided. 19. To determine this issue, I consider HL’s submission that appointments of this nature generally take longer and accordingly are allocated two slots of fifteen minutes eac...
...purpose? • What remedy is available to QW? Did DD Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? CI0301_CIV_DCDT_Order Page 2 of 3 5. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sect...
...reasonable care and skill? 4. Section 9 of the Fair Trading Act 1986 (FTA) provides that no person in trade may engage in conduct that is misleading or deceptive or which is likely to mislead or deceive. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill when providing a service to a consumer. The common of law of contract also applies. 5. QU’s position is that the insurance that he purchased only covered travel...
...and receive a refund. 12. I am satisfied, that because the applicant had the use of the laptop for some two years before it developed problems, the fault was not of a ‘substantial character’ as is provided in the Consumer Guarantees Act 1993 (CGA). 13. I am satisfied, that it is more likely than not that the respondent did repair the laptop. I make my decision when I consider, that it is hard to imagine a situation where parts would not be replaced in a computer, white ware or...
...defence against that breach is that XD Ltd has failed to uphold its side of the bargain due to the alleged defects. 17. QC is claiming that XD Ltd’s work was not fit for purpose and therefore is in breach of the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts, one of which is that services are provided with reasonable care and skill (s 28 CGA) and are reasonably fit for the particular purpose for which they are obtained (29 CGA). This claim must be...
...the items purchased by KC, that the purchase was on an ‘as is where is’ basis, and the rule of Caveat Emptor applied. (f) For completeness, I note that M Ltd does not owe any obligations to KC under the Consumer Guarantees Act 1993 (“the CGA”) and the implied guarantees of acceptable quality and fitness for purpose that apply to contracts between suppliers in trade and consumers regarding the supply of goods, do not apply to auctioneers. This is because auctioneers are specif...
...II and BI are liable to pay the whole or any part of the amount claimed by XL; and (g) if XL is liable to pay the whole or any part of the amount claimed by II and BI. [6] The applicable law is the law of contract and the Consumer Guarantees Act (CGA). Section 6 of the CGA implies a guarantee to the effect that goods supplied must be of an acceptable quality. Section 28 of the CGA implies a guarantee to the effect that services will be supplied with reasonable care and skill and section...
...appropriate remedy? (b) Is the amount claimed proved and reasonable? Is IC and/or UI entitled to a full replacement of the floor from UT and/or HU, or is there another more appropriate remedy? 16. The Consumer Guarantees Act 1993 (“the CGA”) implies certain guarantees into contracts for the supply of goods and services between suppliers and consumers. A “consumer” means a person who acquires goods and services of a kind ordinarily acquired for personal, domestic or house...