Search Results

1. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...looking at what was said and done. Contracts may include express terms agreed between the parties, and also terms which are implied into a contract, for example by law. 6. Such implied terms include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies minimum standards (guarantees) for goods and services supplied in trade to consumers and provides a scheme of remedies when those guarantees are breached. Section 28 CGA requires services, such as those provided here,...

2. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...character? c) If so, is B Ltd entitled to claim compensation for the reduction in the value of the van, $700.00 for sign writing and $273.00 for the service? Does the Consumer Guarantees Act apply to the sale? 5. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased must be of acceptable quality1. 6. TT, the General Manager for P Ltd at the time of the sale, says that the CGA does not apply to the sale because of the length of time...

3. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 47 KB]

   ...computer. The Respondent is willing to repair the computer at no cost but does not accept that it must cancel the contract and return the purchase price. Law [3] The relevant law is the law of contract and the Consumers Guarantees Act 1993 (CGA). [4] A contract is a legally binding promise or agreement; an act in law where two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. [5] The...

4. KT v X Ltd [2024] NZDT 748 (15 November 2024) [pdf, 102 KB]

   ...needs daughter, KP. KT claims for repair costs for a [bidet] purchased for KP in 2021 from X Ltd, through Enable Ministry of Health funding. When the bidet malfunctioned in 2024, KT sought cover for repairs under the Consumer Guarantees Act 1993 (“CGA”) but says X Ltd told her the warranty had expired, and no other repairs were covered. 2. KT claims $787.95 for removal, repair, and reinstallation, costs she paid to GE to fix the bidet fault. 3. X Ltd deny the claim saying the...

5. RL Ltd v ZL [2019] NZDT 1520 (5 September 2019) [pdf, 160 KB]

   ...$1,750.00 from ZL. 3. The issues to be determined are: a) Did the benchtop correspond with its description? b) What sum, if any, must ZL pay to RL? Did the benchtop correspond with its description? 4. Under s 9 of the Consumer Guarantees Act 1993 (CGA), where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. ZL said that he asked for a top-mounted basin and for the tap to be on the benchtop. Although RL argued toda...

6. BL & CM v KB (aka CK) [2024] NZDT 180 (11 April 2024) [pdf, 176 KB]

   ...respondent. 8. There was no attendance at the hearing by the respondent. The absence of a party does not prevent a hearing from going ahead. 9. The issues the Tribunal has to consider are: a. Does the Consumer Guarantees Act 1993 (“CGA”) apply to this transaction? b. If yes, has the respondent breached the CGA by supplying a car that was not of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 5 c. If yes, are the applicants entitled to reject the ca...

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

   ...for distress, inconvenience and time spent having to deal with this matter, including the insurance claim. The total amount sought was $25,000.00. 7. The issues the Tribunal has to consider are: a. Does the Consumer Guarantees Act 1993 (“CGA”) apply and if yes, has OW Ltd breached the CGA by failing to provide its services with reasonable care and skill? b. If the CGA applies, is NQ entitled to a refund of the amount paid for the service of $10,953.15? c. If the CGA...

8. BD & NL v CM Ltd t-a HD [2021] NZDT 1669 (14 October 2021) [pdf, 277 KB]

   ...(d) If so, are the Applicants entitled to a remedy from CM and, if so, is the remedy claimed proved and reasonable? Is the Cooker not of acceptable quality and/or not reasonably fit for purpose? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the claim. When a supplier provides goods to a consumer in trade, the CGA implies certain guarantees into the contract of sale and purchase between the supplier and the consumer. This includes a guarantee that the goods suppli...

9. TS v LD TI & EX& W Inc [2021] NZDT 1598 (23 July 2021) [pdf, 200 KB]

   ...that EX was negligent, and so I do not need to address what loss any negligence would have caused to TS. Was the service provided by EX carried out with reasonable care and skill? 13. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. For TS to succeed with this claim she must show on the balance of probabilities that EX...

10. FF v TU and TUU [2016] NZDT 1035 (21 September 2016) [pdf, 145 KB]

    ...for personal, domestic, or household use or consumption, and FF’s purchase of the vehicle for use transporting dance costumes does not fall within the specified exclusions from the definition of “consumer”, the Consumer Guarantees Act 1993 (CGA) applies. 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 will be of acceptable quality. Section 7 defines acceptable quality to include be...