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Search results for consumer consequential.

11 items matching your search terms

  1. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [PDF, 237 KB]

    Contract / Consumer Guarantees Act 1993/ Contract and Commercial Law Act 2017 / Carrier of Goods / Applicant engaged the Respondent to uplift and transport her items to a different region / Applicant paid $10,953 15 to Respondent for the service including $998.00 for the insurance / Many of the items were damaged on arrival and some were missing / Items were either repaired or a cash settlement was made by the insurance company / Applicant sought a refund of the amount paid for the service and an additional $14,000.00 for distress and inconvenience / The total amount sought was $25,000.00 / Did the Consumer Guarantees Act 1993 (CGA) apply / If so, did the Respondent breach the CGA by failing to provide its services with reasonable care and skill / If the CGA applied was the Applicant entitled to a refund of the amount paid for the service of $10,953.15 / If the CGA did not apply, was the Applicant entitled to compensation under the Contract and Commercial Law Act 2017 (CCLA) / Is the A...

  2. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [PDF, 256 KB]

    Contract / Consumer Guarantees Act 1993 / Guarantee of services completed within a reasonable time and reasonable price / Guarantee of services carried out with reasonable care and skill / Respondent hired Applicant to carry out landscaping works around their pool / Agreement was varied to include additional work / Respondents were unhappy with time and cost to carry out the work / Respondents ended agreement and did not pay full sum invoiced by Applicant / Applicant claims $25,533.74 in relation to unpaid invoices / Respondents counterclaim $8,000 in relation to the service carried out and costs of reinstatement / Held: guarantees under ss 30 and 31 of the CGA relating to services completed in a reasonable time and at a reasonable cost do not apply / Contract determined end date for work and cost estimate for work / Held: service not carried out with reasonable care and skill per guarantee in s 28 of the CGA / Failure to property document project in writing or pictures relating to des...

  3. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [PDF, 248 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant purchased kitset wood fired hot tub from Respondent / Applicant unable to assemble it / Applicant engaged another party to assemble it but it leaked / Respondent argued Applicant allowed the wooden components to get wet and that was why it leaked / Whether tub was of acceptable quality and fit for purpose / What remedy was available to the Applicant / Held: tub was not of acceptable quality and not fit for purpose / Assembly instructions were poor / No warning on instructions about wood getting damp / Applicant entitled to consequential losses as a result of failure of the tub/ Claim allowed / Respondent ordered to pay Applicant $4,148.00

  4. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [PDF, 200 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to carry out a pre-purchase building inspection on a house / Report highlighted a few minor issues but nothing of major concern / Applicant purchased house and discovered the tile flooring in bathroom was uneven/sunken / Applicant claimed $15,000.00 from Respondent towards the cost of remedial work / Held: Respondent did not carry out its service with reasonable skill and care / Respondent to pay Applicant the sum of $10,000.00 as damages for foreseeable consequential loss / claim allowed.

  5. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [PDF, 236 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant brought shed/cabin from Respondent / If cabin is weathertight and if there was mould in the interior / Applicant claims a refund for cabin and consequential losses, including third party installation costs and damage to belongings / Applicant also claims for amount spent on wiring the cabin / Held: the Consumer Guarantees Act 1993 applies / Cabin did not correspond with description provided by Respondent / Fact that cabin was not weather proof and water tight is a failure of substantial character / Applicant entitled to reject cabin, obtain full refund and damages for reasonably foreseeable further losses / Portion of cost spent on wiring allowed / Claim allowed

  6. HLL Ltd v RO [2018] NZDT 1133 (6 July 2018) [PDF, 88 KB]

    Consumer Guarantees Act 1993 / Applicant carried out roofing work on building owned by Respondent / Respondent sought compensation for poor workmanship and damage to building / Applicant counterclaimed for amount outstanding / whether roofing work carried out with reasonable care and skill under s28 / whether failures substantial & if so, how much was owed under contract / Held: work did not comply with s28 as it was undertaken in a storm & was not completed to an adequate standard / failures substantial & resonable consumer test met / Respondent entitled to refund of labour & contribution to consequential loss / Applicant enitled to payment towards sums expended on material / Respondent ordered to pay $6,504.12 to Applicant / claim allowed

  7. DZ v VA, VAV Ltd & VAVU Ltd [2016] NZDT 921 (9 June 2016) [PDF, 86 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Applicant arranged flights through the second and third Respondents / third Respondent disallowed Applicant to travel / second Respondent deducted cancellation fees and refunded balance to Applicant / Applicant claimed refund of fees deducted by second Respondent / Held: third Respondent did not provide its services to Applicant with reasonable skill and care / Applicant entitled to cancel contract with third Respondent because failure could not be remedied / third Respondent liable to pay Applicant damages in compensation / Applicant suffered consequential loss from third Respondent’s breach of the CGA which was the amount charged for second Respondent’s cancellation fees / claim allowed, third Respondent ordered to pay Applicant $1,550.

  8. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [PDF, 147 KB]

    Contract / Consumer Guarantees Act 1993 / Applicant purchased truck cab and chassis from respondent / Purchase included mechanical breakdown insurance / Respondent not authorised by Second Respondent to issue mechanical breakdown insurance for vehicles over 6,000kg / Vehicle’s ABS control unit failed and replaced at cost of $3,474.60 / Applicant claims $1,479.60 against Respondent and Second Respondent for breach of the Consumer Guarantees Act 1993 / Held: the Respondent through their agent the Second Respondent failed to take adequate care / No consequential loss / Claim dismissed

  9. DI v VR Ltd [2015] NZDT 865 (10 December 2015) [PDF, 126 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / guarantee of reasonable care and skill / Applicant brought velvet boots to Respondent for resoling / when returned, Applicant noticed each boot was damaged and notified Respondent / Respondent undertook repair but left boots in worse state / Applicant claims refund for re-soling, at $35, and cost of replacement boots, at $700, plus Tribunal filing fee / Held: Respondent breached CGA guarantee of providing service with reasonable care and skill as damage was caused during course of service provided / Applicant entitled to statutory remedies / s 32(b) and (c), CGA / Applicant entitled to reduction in value of service due to failure below price paid and any reasonably foreseeable consequential losses / reduction in value of service is its entire value of $35 due to serious nature of damage / given extent of damage, only remedy available is replacement of boots / Tribunal filing fee cannot be awarded / claim allowed, Respondent ordered to pay...

  10. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [PDF, 159 KB]

    Consumer Guarantees Act 1993 (CGA) / Applicant purchased truck cab and chassis from first Respondent which included mechanical breakdown insurance (MBI) / first Respondent not authorised by second Respondent (insurer) to issue MBI for that type of vehicle / insurer cancelled insurance policy and refunded premium / ABS control unit failed and was replaced / Applicant previously brought a claim against first Respondent in Motor Vehicle Disputes Tribunal (MVDT) / Applicant claimed damages against first and second respondent  for breach of CGA and loss of cover / Held: matter should not be relitigated / issues in dispute in earlier proceedings between same parties cannot be the subject of proceedings in the Tribunal / issues raised in MVDT proceedings essentially the same / first Respondent had apparent authority to act on insurer’s behalf and approve insurance / first Respondent failed to take adequate care in supplying MBI services and provide MBI policy fit for Applicant’s purpose / ins...

  11. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [PDF, 72 KB]

    Consumer Guarantees Act 1993 / Applicant purchased a bike online from Respondent which developed fault / stand-off between parties as to who should pay for freight to return bike to Respondent / Applicant eventually sent the bike to Respondent which discovered and repaired minor wiring fault / Applicant claimed $1,790.96 for refund of the bike, courier costs and compensation / Held: Applicant did not give Respondent opportunity to examine the bike and to repair and therefore did not have right to reject the bike / bike failed to meet guarantee of acceptable quality and Applicant is entitled to freight cost as it is cost reasonably foreseeable / Respondent liable for cost of freighting bike back to Applicant / Applicant’s claims for other consequential losses dismissed / supplier cannot contract out of Consumer Guarantees Act / claim allowed, Respondent ordered to freight bike back to Applicant and pay $90.

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