Search Results

1. KT v P Ltd [2024] NZDT 382 (14 June 2024) [pdf, 128 KB]

   ...‘hybrid’? b. Did P Ltd have any duty to advise KT the type of hybrid that it is, or the likely performance of the vehicle? Does the [vehicle] comply with the description ‘hybrid’? 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 9 of the CGA provides a guarantee that where goods are supplied by a description to a consumer, there is a guarantee that the goods correspond with the description. 4. I find that the [vehicle] complies with the descr...

2. GT v O Ltd [2024] NZDT 554 (20 July 2024) [pdf, 175 KB]

   ...to be determined are as follows: a. Do the skirts comply with the description they are sold under? b. If not, what remedy is GT entitled to? Do the skirts comply with the description they are sold under? 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that where goods are supplied to a consumer by description, the goods will correspond with the description (s 9). 6. These skirts...

3. MM v N Ltd [2024] NZDT 503 (8 August 2024) [pdf, 173 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 503 APPLICANT MM RESPONDENT N Ltd The Tribunal orders: The claim is dismissed. Reasons: 1) In February 2023, the applicant bought a [vehicle] from the respondent. At the time of purchase the car had an odometer reading of 52,547 kilometres. 2) On or about 25 March 2024 the car broke down. The car was repaired, and the water pump nee

4. DI v UM [2024] NZDT 727 (23 September 2024) [pdf, 184 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 727 APPLICANT DI RESPONDENT UM The Tribunal orders: DI is to pay $3,109.65 to UM by 10 October 2024. Reasons Are the parties bound by the quote for work? 1. DI contracted UM to quote for bathroom renovation work at her rental property. UM provided DI with a quote. The quote document included details of how UM had priced the work.

5. B Ltd v KY [2024] NZDT 781 (22 October 2024) [pdf, 91 KB]

   ...lighting that was initially installed fit for the communicated purpose? b) Is KY liable to pay for the extra labour? Was the lighting that was initially installed fit for the communicated purpose? 5. Section 8 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 reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier. 6. The tenant gav...

6. OX v PM Ltd [2020] NZDT 1331 (22 June 2020) [pdf, 498 KB]

   ...the DJI website (s7(1)(i)) and what he was told by PM (s7(1)(i) and (j)). 17. I am unable to make a finding that the claim can be successful against PM in the way it has been framed. This is so for the following reasons. 18. Section 17 of the CGA states: 19. As a result of this section, PM cannot be liable for any failure of the drone to be of acceptable quality if the only reason why it would fail was the information on the DJI website giving unreasonable expectations of...

7. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...merchantable quality? (d) Did BB Ltd misrepresent the Projector to BC? (e) Is BC entitled to a remedy and, if so, is the amount claimed proved and reasonable? Does the Consumer Guarantees Act 1993 apply? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the supply of goods and services by suppliers in trade to consumers. A person is a consumer under the CGA where they acquire goods or services from a supplier of a kind “ordinarily acquired for personal, domestic, or...

8. MVDT Annual Report 2011-2012 (Auckland) [pdf, 231 KB]

   ...motor vehicle traders, that any person who fails to comply with an order of the Tribunal should be immediately liable to be banned. I would also like to recommend that the following changes be considered to the Consumer Guarantees Act 1993 (“CGA”): c) Recognition of depreciation through use There is no provision in the CGA for account to be taken, when a consumer rejects faulty goods, of the extent of the consumer’s use of the goods before he or she rejected them. This...

9. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...it was Q Ltd that breached the contract by failing to pay the full amount. Was the tyre fit out carried out with reasonable care and skill and was the outcome reasonably fit for purpose? 11. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be conducted with reasonable care and skill. Broadly “reasonable” means the standard of care and CI0301_CIV_DCDT_Order Page 3 of 5 skill a reasonable consumer would expect of a reasonable service provide...

10. Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [pdf, 212 KB]

    ...equitable). If there is no express term agreed about price, it is necessary and reasonable to imply a term that the price charged must be commercially reasonable. As between suppliers in trade and consumers, the Consumer Guarantees Act 1993 (“the CGA”) implies a guarantee into contracts of service between a supplier in trade and a consumer that the consumer is not liable to pay more than a reasonable price for the service if the price has not been determined by the contract, left to be...