Search Results

1. KX v T Ltd [2023] NZDT 749 (8 December 2023) [pdf, 195 KB]

   ...hockey stick; $199. Issues 5. to resolve this application, I must consider; a. hat guarantees apply to sporting equipment such as the hockey stick? b. Was the stick fit for purpose? Guarantees 6. The Consumer Guarantee Act 1993 (CGA) implies guarantees into consumer contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for any purpose a consumer makes known expressly or by implication to the supplier. If goods fail...

2. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...supplier carry out the services with reasonable care and skill? b) What sum, if any, must the supplier pay to the consumers? Did the supplier carry out the services with reasonable care and skill? 6. Section 28 of the Consumer Guarantees Act 1993 (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. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes...

3. SO v C Ltd [2024] NZDT 450 (20 May 2024) [pdf, 174 KB]

   ...consumer had CI0301_CIV_DCDT_Order Page 2 of 3 asked to swap the faulty goods for a sound bar worth $999.00, which was sent. The supplier also claimed that the consumer failed to return the faulty goods. 6. The Consumer Guarantees Act 1993 (CGA) s 43(7) allows a consumer to agree to settle or compromise a claim. The consumer did not dispute the supplier’s evidence regarding the sound bar, so I conclude that the parties entered into a binding settlement agreement regarding the fau...

4. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

   ...filed her claim. The limitation period under the Fair Trading Act 1986 (FTA) is also three years. 6. As it relates to the original consultation and treatment, EQ’s claim is therefore statute-barred, whether under the Consumer Guarantees Act 1993 (CGA) or the FTA. 7. As it relates to some or all of the follow-up appointments, which were $83.95 each, EQ’s claim might not be strictly statute-barred if brought under the CGA, although B Ltd’s ability to defend these claims would be aff...

5. KN v D Ltd [2024] NZDT 371 (23 May 2024) [pdf, 170 KB]

   ...tried to call D Ltd at its [City 2] phone number (from its website) but there was no reply. The notice of hearing had been sent to D Ltd at its registered office and so the hearing went ahead without D Ltd. 3. The Consumer Guarantees Act 1993 (CGA) applies to this transaction. The CGA provides that whenever there is a supply of services to a consumer there is a guarantee that the services will be provided with reasonable care and skill. 4. In this case D Ltd had custody of the ph...

6. ZA v UU Ltd [2024] NZDT 392 (12 June 2024) [pdf, 131 KB]

   ...has gone. 3. ZA has requested a refund of the price paid for the cabin. His claim is that the cabin was not of acceptable quality or fit for purpose in that it was not suitable for a high wind zone. 4. The Consumer Guarantees Act 1993 (CGA) gives guarantees that goods supplied in trade will be of acceptable quality and free from minor defects, as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as accep...

7. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...its services with reasonable care and skill? 4. X Ltd pointed to terms and conditions posted in its carparks that purport to exclude or limit liability, but the terms mention “except to the extent provided by the Consumer Guarantees Act 1993” (CGA). CGA s 43 provides that the provisions of the CGA “shall have effect notwithstanding any provision to the contrary in any agreement”. 5. CGA s 28 of provides that where services are supplied to a consumer, there is a guarantee that t...

8. MM v B Ltd [2024] NZDT 406 (22 April 2024) [pdf, 195 KB]

   ...reasonable care and skill? (b) If it did carry out its work without reasonable care and skill, what compensation is MM entitled to? Did B Ltd carry out its service without reasonable care and skill? 3. The Consumer Guarantees Act 1993 (CGA) imposes a statutory obligation on businesses that provide services to consumers such as MM, to carry out their services with reasonable care and skill. 4. As the applicant in this dispute, MM bears the burden of proving his claim. He...

9. NT v GF Ltd [2023] NZDT 92 (13 March 2023).pdf [pdf, 215 KB]

   ...about a transit visa. 8. The issues the Tribunal has to consider are: a. Did GF Ltd misrepresent the transit visa requirements to NT? b. Did that induce NT to buy the ticket? c. Did GF Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by not providing its service with reasonable care and skill? d. Is NT entitled to $3,611.00 or any other amount in compensation? Did GF Ltd misrepresent the transit visa requirements to NT? CI0301_CIV_DCDT_Order Page 2...

10. CL v BK [2021] NZDT 1612 (9 August 2021) [pdf, 225 KB]

    ...lockdown. He assumed that CL would continue to use fuel oil premix until the pump could be replaced. 15. The question is whether BK has any legal liability for this miscommunication. 16. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). The CGA imposes guarantees on persons who supply certain types of goods and services in trade. The CGA applies to the services that BK supplied to CL. 17. Section 28 CGA states that where services are provided to a consumer th...