Search Results

1. TQ v UM & Ors [2023] NZDT 369 (2 August 2023) [pdf, 116 KB]

   ...“pass down”. Page 3 of 5 Can TQ or HT make a claim against N Ltd under the Consumer Guarantees Act 1993 or negligence? 18. Where services are supplied to a consumer by a supplier, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. As HT obtained services directly from N Ltd, he can make a claim against N Ltd under the CGA. 19. However, I consider the case is d...

2. NU v KD Ltd & QJ Ltd & GE Ltd [2021] NZDT 1550 (9 September 2021) [pdf, 194 KB]

   ...damages from KD? c. Are QJ and GE liable to pay NU damages? Is NU entitled to reject the car and receive a refund from KD? 4. I find that NU is not entitled to reject the car and receive a refund from KD. 5. The Consumer Guarantees Act 1993 (CGA) provides that goods supplied to a consumer must be of acceptable quality (section 6). Where goods are not of acceptable quality and the defect is substantial or cannot be repaired a consumer is entitled to reject the goods and receive a r...

3. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

   ...during the wedding reception. ND collected the marquee on Sunday morning, 18 March 2018 and declined DB’s request for a refund of the hire amount at that time. 4. DB claims $8543.00 under the provisions of the Consumer Guarantees Act 1993 (‘CGA’), being a refund of $3700 for the hire, $1988.00 compensation for the full cost of the dessert and wedding cake, and $2855 compensation being a proportion of the cost of party hire equipment, flowers, dream catchers, chairs and toilet hi...

4. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...the product of the service fit for purpose? • What remedy is available to WN? Did BQ Ltd carry out its services with reasonable care and skill and was the product of the service fit for purpose? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sect...

5. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...carried out after the February hearing of this matter during an adjournment period. 6. QS seeks to reject the vehicle, cancel the contract and obtain a refund for amounts paid to date, as per the provisions of the Consumer Guarantees Act 1993 (‘CGA’). She also seeks a refund for breakdown insurance payments made under the contract and alternative transport costs for the period she was without a car. 7. The issues to be determined are: • Was the vehicle of acceptable quality...

6. UD v NB Ltd & JB Ltd [2023] NZDT 792 (11 December 2023) [pdf, 115 KB]

   ...contract and get a refund of some or all of the cost paid? d. Who is liable for any remedy? Was the work carried out with reasonable care and skill? 8. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. UD took his vehicle to BT, so there was not a direct contractual relationship between UD and JB Ltd. However, s 2 of the CGA states t...

7. ED v T Ltd [2024] NZDT 465 (12 June 2024) [pdf, 107 KB]

   ...$22,118.41. ED claims there are signs of poor workmanship, and the product was not applied properly as a result of which she has suffered the above losses. Issues 6. The roofing services provided by T Ltd are subject to Consumer Guarantees Act (“CGA”). 7. I outline the following issues as relevant to the dispute: a) Did T Ltd provide their service with reasonable care and skill? b) Were the failures of a substantial character? c) What, if any, remedies are appropria...

8. EI v EE Ltd [2024] NZDT 529 (3 July 2024) [pdf, 182 KB]

   ...provided with reasonable care and skill? 5. Contracts can include both express terms agreed between parties, and terms which may be implied into a contract. Terms implied by law in New Zealand include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is section 28 CGA which requires that services be supplied with reasonable care an...

9. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...law a domestic good, and that means that if he was purchased from a person (supplier) who was in trade, then the purchase is covered by the Consumer Guarantees Act 1993. The Act provides that OP must be of an acceptable quality (sections 6 and 7 CGA). Was KD in trade? 7. HC and CK confirm that this was KD’ dog’s CS’s first litter, and OP and his litter mates were the first litter sold by KD. They do not believe that KD has sold any other puppies apart from the six sold from...

10. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

    ...skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description or sample. 8. Goods must be also of an acceptable quality – see s 6 and 7 CGA and the kitchen must be...