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1. IN & KT v D Ltd [2023] NZDT 737 (20 December 2023) [pdf, 188 KB]

   ...damage caused by…operation of the forces of nature that an experienced contractor could not foresee or reasonably make provision for or insure against. “ 10. Mr A of D Ltd claims rising costs from suppliers, spurred by the pandemic, make performing the fixed-price contract infeasible. Additionally, Mr. A noted there were other contributing factors in the decision to cancel the contract, including numerous delays. For example, the settlement of titles was expected to occur in 2022,...

2. TC v F Ltd LM [2021] NZDT 1590 (12 August 2021) [pdf, 184 KB]

   ...fail to meet the acceptable quality standard. What about the fact that LM also represented that it had a current warrant? 8. Having a current warrant is a legal requirement. LM is required to get the warrant and must as a matter of necessity inform TC that the requirement has been met. I do not accept TC’s view that this means that LM is guaranteeing the warrant is validly issued or that the vehicle is in fact road legal. That is not fair to LM who is not required to guarantee t...

3. W Ltd v NC [2022] NZDT 210 (24 November 2022) [pdf, 99 KB]

   ...Applying the percentage previously discussed, the total compensation awarded is $13,650.00. The parties should discuss a time payment arrangement. Referee: J P Smith Date: 24 November 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

4. ET v BD Ltd [2022] NZDT 234 (8 December 2022) [pdf, 105 KB]

   ...recover the full repair costs, I find that BD is in breach of its contractual obligations to its customer, ET, and is liable to pay his loss of $2000.00 as damages. Referee Perfect Date: 8 December 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

5. OP & EI v GJ Ltd [2019] NZDT 1305 (14 October 2019) [pdf, 186 KB]

   ...with the issues that arose, would not have wanted to buy them for this house (s21; s36). 11. The unusual features of the windows render them unsuitable for the applicants’ property and as a result, the consequences of not being adequately informed are considerable. Are the applicants entitled to a refund? CI0301_CIV_DCDT_Order Page 3 of 4 12. Where goods are supplied that are not fit for purpose, and that failure is substantial, a consumer is entitled to reject the goods...

6. TQ v EN [2023] NZDT 113 (2 June 2023) [pdf, 192 KB]

   ...be awarded in limited circumstances, none of these apply here. 15. For the above reasons, the claim is dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: L Thompson Date: 2 June 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

7. CL v Q Ltd & WN [2023] NZDT 448 (19 September 2023) [pdf, 119 KB]

   ...standard or industry accepted definitions of the term. The word “personal”, in this context, means pertaining to persons. The word “electronics” means a device which requires the flow of electrons through conductors and semiconductors to perform its function. Applying these definitions, I am satisfied that CL’s hearing aids are in the category of “personal electronics”. Hearing aids pertain to a person, and they operate by electricity. 13. Therefore I find that the...

8. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...his purchase price of $11,484.00, and $2,000.00 for legal costs and his own time and inconvenience in dealing with this matter. 3. C Ltd denies the claim saying no such assurance was given. It says NN had completed his purchase by the time any information about potential phone charging capabilities, or otherwise, could be provided to him. 4. The issues to be resolved are: a. Is the bike of acceptable quality and/or fit for any purpose made known by NN? b. If not, is NN entitled...

9. KI Ltd v TS [2023] NZDT 256 (14 June 2023) [pdf, 137 KB]

   ...he did not wish to deal with TS or any further orders after this. 10. I find, because of the evidence, which included that from the courier company confirming the delivery of two packages addressed to TS from KI’s company, the GPS tracking information showing the courier delivery vehicles at TS’s address, the lack of evidence about any follow-up from TS with KI about allegedly not receiving these packages after their expected arrival dates, and that TS received a refund from KI fo...

10. VL v U Ltd & LF Ltd [2023] NZDT 671 (6 December 2023) [pdf, 114 KB]

    ...that damage was caused to the car’s transmission by incorrect towing. U Ltd instructed LF Ltd to fix the damage caused. The transmission was replaced. U Ltd paid for the repair. 3. At the time the repair was carried out, LF Ltd noticed and informed the customer that there was no oil in the car and that the engine was not turning freely and had to be turned with a pry bar. VL paid $140.00 for a service and the engine then turned over. 4. Once the gearbox was installed and servic...