Search Results

1. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [pdf, 202 KB]

   ...did BD misrepresent the condition of the engine? (c) If so, was EX ‘induced’ into purchasing the engine because of the representation? (d) If so, what is the remedy? Was the engine sold in ‘trade’? 4. The Consumer Guarantees Act 1993 (CGA) provides statutory guarantees to consumers for purchases made by a seller in “trade”. 5. If the CGA applies in relation to the sale of the engine, there is an implied statutory guarantee that the goods (the engine) will be of ‘ac...

2. MJ v OM Ltd [2023] NZDT 52 (21 February 2023) [pdf, 177 KB]

   ...the vacuum cause the damage to the skirtings and door? c) What sum, if any, is payable? Was MJ misled into purchasing the extended warranty? Was the vacuum acceptably durable and fit for purpose? 5. 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 being as durable, fit for common purposes, acceptable in appearance, a...

3. CX-v-XC-Law-Firm-2015-NZDT-885-16-July-2015 [pdf, 118 KB]

   ...Issues [5] The issues to determine are: a. What was the time period DD of XC Law Firm was engaged for? b. Did XC Law Firm provide their services to CX with reasonable care and skill as per section 28 of the Consumer Guarantees Act 1993 (‘CGA’)? c. Is CX entitled to any remedy under the CGA, and if not, what is due on the counter-claim? What was the time period DD of XC Law Firm was engaged for? [6] CX contends that DD voluntarily ended his own representation...

4. FL v C Ltd [2023] NZDT 248 (30 June 2023) [pdf, 185 KB]

   ...its detailed submission to the Tribunal and to FL on 22 February 2023. 12. The issues are: Is FL entitled to a refund? Is FL entitled to remedial and replacement costs? Is FL entitled to a refund? 13. The Consumer Guarantees Act 1993 (CGA) applies. The CGA applies to goods and services and this contract includes both. 14. Pursuant to the CGA, goods must be of acceptable quality. If there are defects the consumer must notify the supplier within a reasonable time and g...

5. IN Ltd v JT [2020] NZDT 1417 (12 August 2020) [pdf, 215 KB]

   ...collector and she was aware debt collection costs were mounting but did not know the exact amount. 4. The issues to determine are: • Did IN Ltd provide its service to JT with reasonable care and skill as per the Consumer Guarantees Act 1993 ('CGA')? • What remedy, if any, is available to JT? • On the counter-claim, is JT liable to pay debt collection costs incurred by IN Ltd? Did IN Ltd provide its service to JT with reasonable care and skill as per the Cons...

6. XX v TD [2024] NZDT 235 (7 February 2024) [pdf, 182 KB]

   ...future consultation with a periodontist to heal gums and teeth that she claims TD damaged (approximately $1500.00), and half of the amount of her orthodontic treatment going forward in the amount of $4,987.50. 4. The Consumer Guarantees Act 1993 (CGA) provides guarantees to protect consumers in relation to the provision of services. Section 28 provides a guarantee that the service will be carried out with reasonable care and skill. Section 29 states that where services are supplied to...

7. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

   ...resolved are: (a) Was the towbar fitted with reasonable care and skill? (b) If not, what is the remedy? Was the towbar fitted with reasonable care and skill? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care...

8. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...repairs were carried out the vehicle broke down again about 2,000kms later. The campervan was taken to [mechanic] where it was repaired. 2. TD believes that U Ltd is liable for the cost of the repairs under the Consumer Guarantees Act 1993 (CGA). She has claimed the cost of towing relating to the [City] breakdown $1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City] repair $350.00; [car dealer] rep...

9. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

   ...noted on the Centre’s website. 12. In contrast, LE says that the claim is a contractual dispute under which T Ltd has provided defective services. LE says that she is a consumer acquiring services under the Consumer Guarantees Act 1993 (“the CGA”), and it is immaterial that she did not pay for the services. 13. Having carefully considered the available evidence and information, and having heard from the parties, I find that LE’s claim is not within the Tribunal’s jurisdic...

10. FV v UE Ltd [2022] NZDT 140 (1 September 2022) [pdf, 179 KB]

    ...sold by a different retailer, and FV have misremembered which store she purchased it from. For these reasons I find that it is not proven that UE Ltd sold the original dryer. What remedy is FV entitled to? 7. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable (s 7). 8. Section...