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1. JY v B Ltd [2023] NZDT 64 (17 July 2023) [pdf, 189 KB]

   ...convened by teleconference. Both parties appeared at the hearing. Background [2] The applicant took his vehicle to the respondent for a warrant of fitness (WOF) inspection on 23 November 2022. The applicant paid the respondent $40 for this service. The vehicle failed the inspection. The respondent identified two faults: water and oil on the power steering belt and faulty brakes. [3] The applicant claims that when he asked the respondent to further identify the cause of the failure...

2. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...his delivery, not the time he finished. However, even if the tanker had been simultaneously refuelling, it was not established that this could cause disruption in quality to fuel supply at the nozzle. It is an everyday practice in New Zealand and around the world for station tanks to be filled at the same time as customers are filling up and there was insufficient evidence of a connection between the two. This was a matter which invoked considerable debate, but in...

3. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

   ...contract on agreed terms which they intend to be legally binding. Contracts often have both express terms agreed between parties, and implied terms. The Consumer Guarantees Act 1993 (“CGA”) implies minimum standards (or guarantees) for goods and services into contracts where goods and services are supplied in trade to consumers, and offers remedies where guarantees are breached. Relevant guarantees here are: a. section 6 CGA which says goods, such as the asphalt, must be of an acc...

4. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

   ...for a copy of the documents signed by JD to be sent to her. Following on some further correspondence, B Ltd was asked to stop work on the [road] project. 8. B Ltd ceased work and sent invoices for work done to date. The invoices were originally addressed to JD. The invoices were later re-addressed to M Ltd at the request of DX. 9. Those invoices have not been paid. 10. B Ltd is seeking $28,938.56 as set out on the invoices sent. CI0301_CIV_DCDT_Order Page 2 of 7

5. NC & DC v T Ltd & HG [2023] NZDT 222 (19 May 2023) [pdf, 198 KB]

   ...the Construction Contracts Act 2002. Having considered this information, I fine the most relevant legislation is the Contractual Remedies Part of the Contract and Commercial Law Act 2017 because this Part of the Contract and Commercial Law Act 2017 addresses cancellation of contracts. CI0301_CIV_DCDT_Order Page 2 of 4 7. The issues to be determined are: a. Is HG personally liable in this claim; and b. Was the contract between T Ltd and DT or B Ltd; or was B Ltd and/or DT NC an...

6. ADK v ZWP [2011] NZDT 164 (17 November 2011) [pdf, 111 KB]

   ...ADK’s email of 16 March 2011 increased the total cost of the work specified to $2,817.50. [4] ADK subsequently began the work set out in the “Garden quote”. Additional work was requested and there was no discussion as to the price for the new work. As the work progressed, ZWP asked if the project was going to budget and was told that it was. On the final day of work, ADK said that the project was a little over budget. On 15 May 2011, ADK invoiced ZWP $6,908.00 (incl GST...

7. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...The Applicants seek an order for the refund of the deposit from the Respondent. 2. The issues to consider are: a. Can the Applicants make a claim under the Consumer Guarantees Act 1993 or negligence? b. Did the Respondent provide the service with reasonable skill and care? c. If not, what is the appropriate remedy? Can the Applicants make a claim under the Consumer Guarantees Act 1993 or negligence? 3. I find that the Applicants are entitled to make a claim pursua...

8. AW Ltd v ZD Ltd [2014] NZDT 672 (9 June 2014) [pdf, 23 KB]

   ...has sued for the return of its deposit and says it is not liable for the balance of the invoice. [17] The work AW Limited did up to the point of cancellation was of absolutely no value to ZD Limited. The company ended up having to create a whole new website solution. This was a foreseeable outcome if the work could not be completed on time. Arguably, it was also foreseeable that ZD Limited would lose sales. The company might have sued for the expense of creating an alternative w...

9. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The invoice for $30,111.60 was correctly based on this pricing. Was the driveway constructed with reasonable care and skill, and was it fit for the purpose? 5. Where services are supplied to a consumer, the Consumer Guarantees Act 1993 (CGA) applies. CGA s 28 provides that there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 of the CGA provides that services must b...

10. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

    ...Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 607 APPLICANT XD Ltd RESPONDENT QC The Tribunal orders: 1. QC is to pay XD Ltd $5675.18 on or by 1 December 2023. Reasons 2. QC and [his wife] built a new house in [suburb]. Unfortunately, the original builder went into liquidation before the house was completed, leaving them with some $200,000 of work paid for, but for which they needed to retain new contractors at an additional cost....