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…
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28 items matching your search terms
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FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [PDF, 159 KB] -
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…
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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.