Search Results

1. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...about the vehicle and what he had done. I’m sorry there is nothing more we can do. 12. OQ emailed N Ltd on 25 November, 2 December and 27 January, challenging N Ltd’s decision not to provide any remedy and referring to her rights under the Consumer Guarantees Act. She asked N Ltd to either repair the vehicle or refund the repair cost. N Ltd repeated that the motor was outside the warranty and the parts supplier would not provide any compensation. Law 13. The law of contract...

2. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...were present. Did OZ in trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an acceptable quality? 6. 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress aga...

3. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...value of approximately $700 and it is unreasonable for the applicant to claim repairs of approximately $3,000.00. The respondent claims this repair cost is not commensurate with the value of the work contracted for. [20] The applicant relies upon the Consumer Guarantees Act. [21] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (the Act) because the goods and services supplied by the respondent to the applicant were of the kind ordinarily required...

4. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...MH. [16] MH has provided evidence of frequent taxi trips that she was obliged to take when her car was off the road and she was endeavouring to deal with the problem. Her fares totalled $153.74. I have allowed $100.00 for these fares as reasonable consequential losses. MH would, of course, have incurred running costs and depreciation if she had been using her own car instead. [17] I have not allowed the cost of MH’s filing fee, as this is not provided for in the Disputes Tribunal A...

5. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...which make such a step appropriate. These factors are as follows: (i) The Company was in the business of property development. Ms E is a consumer, in the sense that she has purchased the house to be her home from an entity that is in trade. Consumers often do not turn their minds to the potential for it to be hard to recover any compensation from a Company. If they did, they would often lack the negotiating power or opportunity to seek personal guarantees at the time of the de...

6. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...and as that needs to include non-liability for the balance of the $3895.74 invoiced by UK Ltd, being $670.74, the maximum payable to her (excluding judicature interest) is $4000.00 minus $670.74, being $3329.26. The total reduction in value and consequential losses are therefore reduced to that maximum of $3329.26 and judicature interest as per finding 20 is added for a total payable by UK Ltd of $3530.82. [23] In addition to that EP is not liable to pay the balance on the invoice...

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

   ...Tribunal proceedings. 7. The issues 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 prob...

8. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   ...and taken to a mechanic for assessment. It was determined that the engine required replacement. 3. MS filed this claim for $30,000.00 on 26 April 2023 against a different company, seeking the repaired vehicle back or a replacement vehicle and consequential losses from being unable to work for 6 months due to not having her vehicle. The claim was amended at the first hearing on 26 June 2023 to name the correct Respondent. The new Respondent was represented at the hearing, therefore...

9. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...practitioner to be either unwilling or unable to meet the reasonably foreseeable financial consequences of lapses from professional standards, and continue in practice. [40] Mr Fernyhough has to this point failed to make good the loss of $15,000, and the consequential further costs and losses. That is a deficiency and the Tribunal will issue an order that Mr Fernyhough remedy the defect within 12 months of this decision. 6 [41] The order will be pursuant to section 51(1)(b)...

10. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

    .................................................................................... 9 MEASURE OF DAMAGES .....................................................................................11 DAMAGES CLAIMED BY THE CLAIMANTS ..........................................................13 CONSEQUENTIAL DAMAGES ..............................................................................14 GENERAL DAMAGES ..........................................................................................