Search Results

1. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...slim, as the hard drive returned to her was “very damaged” and yet the data recovery specialist had been able to see the documents and photographs on it. The law 13. The Consumer Guarantees Act 1993 and the law of bailment apply. Section 28 CGA provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill. The law of bailment provides that a person in possession of another person’s goods is required to take reasonable...

2. C Ltd v TI [2023] NZDT 202 (27 April 2023) [pdf, 118 KB]

   ...any, is available to TI? 17. C Ltd declined to provide TI a remedy when she requested one, because they did not accept they were at fault over the fabric order or that the quality of their upholstering work was was not up- to-standard. Under the CGA, TI was required to give the supplier the opportunity to remedy any failures of guarantee and she did this. 18. Due to the contractual issue of the wrong fabric having been ordered, the appropriate remedy arising from that aspect of the...

3. NG & DG v GI Ltd [2024] NZDT 213 (4 April 2024) [pdf, 98 KB]

   ...themselves, and the laying of them, can be considered acceptable, or whether they should be regarded as defective. The law [12] The bricks, and the laying of them, are subject to the guarantees laid down in the Consumer Guarantees Act 1993 (“the CGA”). The bricks are goods that are required to be of acceptable quality, fit for their purpose, and compliant with the description applied to them; and the bricklaying service must be carried out with reasonable care and skill and achiev...

4. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1623 APPLICANT CF RESPONDENT EX The Tribunal orders: EX is to pay CF $1,050.00 on or before 6 August 2021. Reasons 1. CF had a recreational boat he wanted to install an outboard motor on. He advertised on social media to find someone who could do the work building a pod and attaching it to his boat to house the motor

5. SC v CX [2022] NZDT 116 (2 August 2022) [pdf, 204 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 116 APPLICANT SC RESPONDENT CX The Tribunal orders: 1. The claim is dismissed. Reasons 1. This matter was heard by teleconference on 9 March 2022. It was adjourned to give both parties an opportunity to provide me and each other with text messages, photographs and any other evidence or arrange for any witnesses they

6. BC & others v QK [2023] NZDT 137 (5 June 2023) [pdf, 194 KB]

   ...free from leaks and mould and those misrepresentations induced SS to purchase the caravan? e. Is the amount claimed reasonable? CI0301_CIV_DCDT_Order Page 2 of 4 Is QK in trade? 5. The Consumer Guarantees Act 1993 (“the CGA”) implies guarantees into contracts for the sale of goods supplied by suppliers in trade to consumers. The term “trade” is defined in s 2 of the CGA as “any trade, business, industry, profession, occupation, activity of commerce, or u...

7. DN v SC [2024] NZDT 202 (19 March 2024) [pdf, 204 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 202 APPLICANT DN RESPONDENT SC The Tribunal orders: The claim by DN is dismissed. Reasons 1. DN bought a pair of shoes in December 2023 with which she is not happy. She seeks a refund and other compensation on the basis the shoes are not of acceptable quality nor properly fitted in breach of the Consumer Guarantees Act 1993.

8. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 163 APPLICANT IT APPLICANT NH RESPONDENT UN Ltd The Tribunal orders: IT and NH are to pay UN Ltd $1,285.00 on or before 15 November 2022. Reasons 1. In about December 2021, IT and NH asked UN Ltd to make a 3D printed model of their newborn baby. It was described as a state of the art process involving hundreds o

9. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...question for me to decide is whether MH has proved that NB Ltd did not carry out its work correctly, and that she incurred further expense as a result. The law [12] The parties’ transaction is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA lays down guarantees that services supplied in trade with be carried out with reasonable care and skill, and be fit for their purpose. If the trader fails to rectify any breach of a guarantee within a reasonable time, the con...

10. AI YK v LS [2021] NZDT 1709 (7 December 2021) [pdf, 222 KB]

    ...by LS? • What is payable on the claim and counter-claim? Is the supply and installation of this kitchen covered by the provisions of the Consumer Guarantees Act 1993? 11. I find that the provisions of the Consumer Guarantees Act 1993 (‘CGA’) do not apply because I do not consider that AI and YK were acting ‘in trade’ when they agreed to install the kitchens and are therefore not a ‘supplier’ under the definition in the CGA. The context of the arrangement was, as ten...