Search Results

1. NH Ltd v OZ Ltd [2023] NZDT 396 (9 August 2023) [pdf, 190 KB]

   ...RESPONDENT OZ Ltd The Tribunal orders: 1. OZ Ltd must pay NH Ltd $28,437.56 by 4pm on 30 August 2023. 2. OZ Ltd’s counterclaim against NH Ltd is dismissed. Reasons: 1. The applicant provided weekly garden and ground maintenance services to the respondent for a property at [address]. The contract was terminated by the respondent on 5 April 2023 and at this time four invoices remaining outstanding which total amount of $28,437.56. The applicant claims $28,437.56...

2. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...consider this claim as a cause of action in negligence (s10(1)(c) Disputes Tribunal Act 1988). However, the Tribunal can consider the claim under its CGA jurisdiction. CI0301_CIV_DCDT_Order 5. The CGA implies statutory guarantees into services that are supplied to consumers. Section 28 of the CGA provides a guarantee that services will be carried out with reasonable care and skill. Section 29 of the CGA provides a guarantee that services will be reasonably fit for any p...

3. EF v CQ & BQ [2022] NZDT 233 (29 November 2022) [pdf, 105 KB]

   ...specified issues discovered at the property just prior to settlement and if so, what amounts are reasonable? 5. There is no general duty in contract for vendors to ensure that every aspect of a house they are selling is in good condition (except for new-builds where specific law applies). However, the sale and purchase agreement in this case contains the standard vendor warranties at clause 7.3(1) in relation to chattels and other “plant, equipment, systems or devices which provide an...

4. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking process, I consider it more appropriate to address the issues in terms of the CGA guarantees. 8. TO for B Ltd says the airline has been unable to determine why their systems did n...

5. AM Ltd v ZN and ZNZ [2014] NZDT 575 (30 May 2014) [pdf, 32 KB]

   ...been paid and it is the balance of hours, being $3350+GST ($3852.50) that AM Ltd claims for (plus interest and costs). [5] The dispute arises because ZN and ZNZ contend that none of the floor plans met the brief in terms of budget and that the service has therefore not met the statutory guarantees provided for in the Consumer Guarantees Act 1993. They claim a refund of the money already paid of $8212.15 plus costs. [6] The budget available to ZN and ZNZ for their new home was not w...

6. AR v ZI ZIZ Ltd [2014] NZDT 574 (26 May 2014) [pdf, 24 KB]

   ...liquidation? [14] I find that the first contract came to an end with the liquidation of the former employer. The liquidation changed what the agreement between AR and ZI had been so substantially that any subsequent action must have been the subject of a new arrangement. [15] However, AR have not established that a new contract was formed. There is no evidence of agreement for payment of any kind to ZI, either at the time or at some future time, even on a contingency basis. There...

7. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

   ...that 6 weeks was agreed. In addition they acknowledged and I accept that they then agreed in August/September to a new carport for $5,800.00, which was paid but subsequently refunded. 5. In addition to these terms, where a supplier in trade provides services to a consumer the Consumer Guarantees Act 1993 (CGA) applies. This Act set outs guarantees, including those detailed below, and specific remedies. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome tha...

8. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...counter-claim is based on an argument that UI inappropriately advised to her to not make an application for child support. 18. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). Section 28 CGA states that where a supplier provides services to a consumer, there is a guarantee that the supplier will exercise “reasonable care and skill”. 19. BW’s concerns about I LTD’s services were complex and wide-ranging, but they may be grouped under the following broad head...

9. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [pdf, 309 KB]

   ...b. The purpose and intent of the 2 February letter was to encourage Mr X to address the issues of concern. This was confirmed by the approach that Mr & Mrs N took after the notice period expired. Mr C wanted Mr X to make progress towards addressing the issues, and he was largely satisfied with the progress that Mr X was making. This was further confirmed in the meeting on 14 March. c. Adding to this was discussion around tiding up matters by 1 May. This date was geared towa...

10. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

    ...The DOCA states that customers with bookings made prior to the voluntary administration would not receive refunds for cancelled bookings. Instead, the respondent issued them with Future Flight Credits (FFC). The respondent claims the DOCA prevents a New Zealander who brought a ticket in New Zealand for flying out of New Zealand from bringing a claim in the Tribunal for a refund. In essence the respondent claims New Zealand based passengers are bound by the [foreign legislation] and the res...