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1. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

   ...it is more likely than not that the problem preventing the [ventilation] system from working properly was a faulty controller. Was QK entitled to an opportunity to remedy and if so, has he had that opportunity? 16. The Consumer Guarantees Act (CGA) applies. A supplier of a service is required to carry out the work with reasonable care and skill (S.28 CGA). The product of the service must be fit for the particular purpose made known by the consumer (S.29 CGA). 17. If there has bee...

2. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 61 BETWEEN ABN Ltd APPLICANT AND AND ZYR RESPONDENT ZYQ SECOND RESPONDENT Date of Order: 27 May 2013 Referee: Referee Dryden ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYR and ZYQ are to pay ABN Ltd $463.63. Payment is to be made directly between the parties by Wednesday, 5 June 201

3. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...issues. 9. I am satisfied from the photographs and evidence from EG Ltd’s witness’ assessment, that this was clearly not the case. In less than 12 months the powder coating on arms and legs was breaking away. 10. Section 7(4) of the CGA provides the supplier with a defence where the consumer is responsible for the failure. The first requirement for this defence is that the goods have been used in an unreasonable manner or to an unreasonable extent. The second requirement is...

4. KD v NG Ltd [2023] NZDT 362 (18 July 2023) [pdf, 177 KB]

   ...or provide any defence to the claim. The absence of a party does not prevent the hearing from going ahead. The issues to be determined is whether KD entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Similarly, there is a guara...

5. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. If the problem in this case was a more simple one t...

6. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [pdf, 199 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 111 APPLICANT NN RESPONDENT SG Ltd The Tribunal orders: 1. SG Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost

7. S Ltd & T Ltd v BK [2023] NZDT 400 (4 July 2023) [pdf, 198 KB]

   ...was sufficient basis to infer an agreement from the communications between the parties and the usual ways in which the courts imply terms into contracts. Were the materials of acceptable quality? 7. Section 6 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 of acceptable quality. This guarantee applies to goods supplied under a contract for work and materials (CGA s 15). 8. BK provided photogra...

8. EA v UZ Ltd [2015] NZDT 889 (12 August 2015) [pdf, 149 KB]

   IN THE DISPUTES TRIBUNAL [2015] NZDT 889 BETWEEN EA APPLICANT AND UZ LTD AS AN AGENT FOR UZU RESPONDENT Date of Order: 12 August 2015 Referee: Referee Smallbone ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that UZ Ltd is to pay $8,318.08 to EA by 5pm on Thursday 20 August 2015. Following payment to EA, UZ Ltd may arrange for the collection of the dismantled damaged engine from EA at UZ Ltd’s cost. Facts [1] Th

9. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...overestimated the water usage at the property, and a portion of the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the prope...

10. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 38 APPLICANT NQ RESPONDENT HN The Tribunal orders: The claim is dismissed. Reasons: 1. NQ purchased a two year old female huntaway working dog called C from HN in April 2021. In June 2021 C suffered a prolapse and NQ put her down. He claimed for a refund of the $2,000 purchase price he paid. 2. HN disagreed th