Search Results

1. IQ & OU v EQ [2022] NZDT 278 (19 December 2022) [pdf, 183 KB]

   ...damages from the supplier (s 32(c)). When the consumer cancels a contract, the Tribunal may award a refund of part, or all of the money paid for the services of the supplier (s 38). The Tribunal shall have regard to the value of any work or services performed by the supplier (s 39). 11. At the first hearing, EQ stated that he had incurred costs of $1,393.00 for the job, including materials purchased, hire fees for digger/driver and labour hours. However, he did not have any evidence to...

2. SD v L Ltd [2024] NZDT 240 (8 March 2024) [pdf, 180 KB]

   ...finance for the car, the consumer is entitled to recover his total finance costs of $1,586.84, bringing the total sum payable by the supplier to $18,156.84. Referee: E Paton-Simpson Date: 8 March 2024 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...

3. MS v O Ltd [2024] NZDT 94 (19 January 2024) [pdf, 198 KB]

   ...vehicle arrived in on or about 6 November 2021, but was not given a VIN number and so could not be put forward for LVV and repairer certifications. This contract is subject to the law of Japan as this is the country where the party which had to perform the main obligations of the contract is normally resident. 2. On or around 3 May 2022, MS, who is based in Japan, agreed to purchase that same vehicle from O Ltd and it was exported from New Zealand back to Japan (the second agreement)....

4. B Ltd v UE & SE [2023] NZDT 517 (2 October 2023) [pdf, 187 KB]

   ...evidential standard I find there is insufficient evidence of a nominal gain for the respondents from the process. 15. Accordingly, the claim is dismissed. Referee: DTR Goddard Date: 2 October 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 r...

5. I Ltd v N Ltd [2022] NZDT 282 (7 November 2022) [pdf, 196 KB]

   ...There is no reasonable legal basis to require N Ltd to refund any further amount to I Ltd. e. Therefore, the claim must be dismissed. Referee: Nicholas Blake Date: 7 November 2022 CI0301_CIV_DCDT_Order 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 reh...

6. QU v GD Ltd [2024] NZDT 104 (9 February 2024) [pdf, 113 KB]

   ...invalidated his medical cover as his stroke was related to those existing conditions. I say this for reasons including: i. QU acknowledged and I accept that he received the 2 page policy certificate which stated under the heading “Important Information” further details which included: 1. that the policy was issued on the basis that the policy holder answered questions accurately, 2. that they received the Policy wording, and 3. that the client should refer to the Website and...

7. NT v T Ltd [2024] NZDT 715 (4 November 2024) [pdf, 193 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 715 APPLICANT NT RESPONDENT T Ltd The Tribunal orders: The claim by NT is dismissed. Reasons 1. T Ltd operates a website selling performance parts for cars. In March 2023, NT purchased a TSD coilover kit for a [vehicle] via [online]. NT says the part was incorrectly supplied because when fitted by a professional, his car failed compliance, even after rectification attempts.

8. WI & ZI v G Ltd [2024] NZDT 702 (21 August 2024) [pdf, 100 KB]

   ...carried out in a proper and competent manner, that it will be carried out in accordance with the plans and specifications set out in the contract, and that it will be carried out in accordance with all laws and legal requirements. 11. From the information available from both ZI and from G Ltd’s witness, TY, the work in general was not carried in accordance with the plans, and clearly the absence of an ORG means that the job was not completed as per the plans. The fact that much of th...

9. BC Ltd v NQ Ltd [2024] NZDT 649 (5 September 2024) [pdf, 230 KB]

   ...case. 18. For these reasons the claim is dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: L Trevelyan Date: 5 September 2024 Information for Parties Rehearings Page 4 of 4 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...

10. ZM & AX v S Ltd [2024] NZDT 812 (19 September 2024) [pdf, 133 KB]

    ...issue to the respondents who sent another inspector who found the roof to be in poor condition with significant existing and potential leak risks. 8. They said the inspector’s conclusion in relation to the roof was “completely contrary to the information they had previously received. CI0301_CIV_DCDT_Order Page 2 of 4 9. Subsequent evaluations from other companies confirmed that the roof needed a complete replacement. The applicants provided copies of the two further inspec...