Search Results

1. AGM Ltd v ZVJ and ZVI Ltd [2013] NZDT 461 (17 June 2013) [pdf, 64 KB]

   ...rolls of material supplied by GHB Ltd? (v) Was the need for two trips to [a town] the fault of either party? (vi) What is to be paid by whom? Law [5] Both the general law of contract and the provisions of the Consumer Guarantees Act 1993 (CGA) are to be given consideration. [6] Section 28 of the CGA states “where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill.” Decision...

2. UH v KM Ltd [2023] NZDT 111 (30 June 2023) [pdf, 117 KB]

   ...transmission within a reasonable period of time? 4. KM Ltd acknowledged that there was a fault with the transmission which required remedial action, so I accept that the car was not of an acceptable quality under the Consumer Guarantees Act 1993 (CGA), but was capable of being remedied. In these circumstances, under section 18 of the CGA, the consumer must first give the supplier a reasonable time in which to remedy the failure. Under section 19, how the supplier remedies a failure is...

3. A Ltd & CB v X Ltd [2023] NZDT 528 (16 October 2023) [pdf, 197 KB]

   ...the car fit for purpose? c) Was there a reasonable opportunity to remedy? d) Is A Ltd entitled to all or any of the $2,350.74 that is claimed? Were the repairs done with reasonable skill and care? 4. Under the Consumer Guarantees Act 1993 (‘CGA’) it implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic, or household use. In the case of the supply of services, there is a guarantee under Section 28 of the CGA th...

4. XC v MG Ltd [2019] NZDT 1404 (1 May 2019) [pdf, 216 KB]

   ...$1276.50 for repairs carried out as detailed in the manufacturer’s service bulletin. 4. The parties agree that the aircraft is a light aircraft for pleasure flying, so Mr C is a consumer for the purposes of the Consumer Guarantees Act 1993 (‘CGA’) as the goods are of a kind ordinarily used for personal, domestic or household purposes. 5. The issues to determine are: • Is MG contractually liable to pay the claimed amount for installation of an inline oil thermostat? •...

5. SN v X Ltd [2024 NZDT 93 (23 January 2024) [pdf, 138 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 93 APPLICANT SN RESPONDENT X Ltd The Tribunal orders: The Application is dismissed. Reasons: 1. SN cancelled his commercial vehicle insurance policy with X Ltd via [messaging app] on 13 April 2023. On the 17 April 2023, SN called X Ltd as he had not heard anything from X Ltd. SN claims that X Ltd treated him poorly in that phone call

6. EL v FO [2022] NZDT 8 (28 April 2022) [pdf, 228 KB]

   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

7. SU v WC [2022] NZDT 215 (21 November 2022) [pdf, 110 KB]

   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

8. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...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...

9. SN & TN v B Ltd [2021] NZDT 1621 (17 December 2021) [pdf, 223 KB]

   ...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...

10. DJ v VQ Ltd [2016] NZDT 897 (12 February 2016) [pdf, 22 KB]

    ...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...