Search Results

1. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...training fees to bring the horse back into work. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 apply to the sale? (b) Was the horse of acceptable quality and fit for purpose, as those terms are defined in the CGA? (c) Are both parties “in trade”? (d) If so, did clause 7.9 of the [redacted] conditions of sale meet the contracting out requirements of s43 of the CGA? (e) If not, how much compensation can be claimed? Does the Consume...

2. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...KQ Ltd changed its name to KC in September 2022. 7. The agreement contained a clause signed by K, acknowledging the truck supplied was acquired in trade and that the parties accordingly agreed the provisions of the Consumer Guarantees Act (“CGA”) would not apply and that it was fair and reasonable that K’s business was bound by that clause. 8. Clause 9.1 of the agreement purported to limit any liability of V LTD for any consequential, indirect or special loss, damage or inju...

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

   ...respondent is operating a business in New Zealand and therefore New Zealand law applies. In relation to this particular transaction, the relevant law is both the law of contract and consumer protection legislation such as the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA). Contract [12] The respondent has not specifically claimed it is not liable under its contract to refund the purchase price, but I note for completeness that whereas a customer may not be entit...

4. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

   ...and/or not fit for purpose and/or were the services that Q Ltd provided to CH not carried out with reasonable care and skill and/or were the services or the product of those services not fit for purpose? 8. The Consumer Guarantees Act 1993 (“the CGA”) applies to the goods and services provided by Q Ltd to CH. 9. When a supplier provides goods and/or services to a consumer, the CGA implies certain guarantees into the contract between them. When a supplier supplies goods to a con...

5. KD v Q Ltd [2023] NZDT 617 (3 November 2023) [pdf, 92 KB]

   ...made-up of $184 for the hard drive and $45 for the Disputes Tribunal fee. The issue to be resolved is whether Q Ltd is required to remedy the failure of the hard drive after the five-year warranty had expired? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 6. I find that Q Ltd is not required to remedy the failure of the hard drive because alt...

6. BT v T Ltd [2023] NZDT 274 (30 June 2023) [pdf, 176 KB]

   ...problems are found within a certain time, it is a breach of that contractual obligation not to act as promised, for which damages may be payable. If goods fail to comply with the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA), remedies under that Act include repair, if that is possible, which if not possible or not successful within a reasonable time, may lead to an order for a refund. 6. I was advised by BT that the OBF procedure that T Ltd operates was im...

7. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

   ...a. It is not disputed that PR withdrew from the course outside of the contractual period that would have allowed a refund. However, I consider a refund may still be available if a breach of the law occurs including the Consumer Guarantees Act 1993 (CGA) which is the law PR has referred to in this claim. b. I have been satisfied based on PR’s evidence of his learning for his time on the course there was a considerable degree of overlap with what he had learned at Z Ltd previously in...

8. EN v HM [2023] NZDT 581 (22 November 2023) [pdf, 192 KB]

   ...covered by the Consumer Guarantees Act 1993. This means that the rifle must be of an acceptable quality. Acceptable quality means fit for all the purposes acceptable in appearance and finish; and free from minor defects, safe; and durable. (see s7 CGA). 5. If goods are not of an acceptable quality, and the defect is of a substantial character, then the consumer is entitled to choose a refund or replacement (s22 CGA). 6. A defect is of a substantial character if the goods depart...

9. ZC v NU Ltd [2018] NZDT 1481 (2 August 2018) [pdf, 195 KB]

   ...reasonable care and skill, and fit for the purpose? b) What sum, if any, must NU pay to ZC? Was the service provided with reasonable care and skill, and fit for the purpose? 4. The relevant law is contract law and the Consumer Guarantees Act 1993 (CGA). 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 and skill. Section 29 of the CGA provides that services must be reasonably fit...

10. KL v D Ltd [2024] NZDT 92 (1 February 2024) [pdf, 94 KB]

    ...guarantees in the Consumer Guarantees Act 1993? b. If so, which of the remedies in the Act should KL receive? Does the mattress breach one of the guarantees in the Consumer Guarantees Act 1993? 4. The guarantees in the Consumer Guarantees Act 1993 (CGA) are imposed by the Act into contracts for the sale of goods by sellers in trade to consumers. The Act applies in this case because mattresses are goods of a kind ordinarily acquired for personal, domestic or household use. 5...