Search Results

1. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...for IE’s father, NE, not for IE himself. Nonetheless, X Ltd owed a duty of care to IE to provide an accurate and competent EPA service. This duty arises under both common law principles of negligence and under the Consumer Guarantees Act 1993 (CGA). As any loss in this case was purely economic and did not involve damage to property, the Tribunal does not have jurisdiction to consider this claim as a cause of action in negligence (s10(1)(c) Disputes Tribunal Act 1988). However, t...

2. BB v H Ltd [2023] NZDT 10 (5 April 2023) [pdf, 98 KB]

   ...Ltd admits that is received BB’s email correcting his address before posting the goods. Issues i) What is the relevant law ii) Who is liable for the misdirected passage. Issue 1 [4] The relevant law is Consumer Guarantees Act 1993 (CGA). The CGA provides a guarantee as to delivery. Section 19 states; (1) Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the...

3. EC v U Ltd [2023] NZDT 186 (13 June 2023) [pdf, 101 KB]

   ...their services to EC with reasonable care and skill? 4. I am unable to make a finding that U Ltd failed to provide their services to EC with reasonable care and skill. For this reason, the claim is dismissed. 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill. If services are not provided with reasonable care and skill the consumer may be entitled to a...

4. B Ltd v CT [2023] NZDT 239 (6 June 2023) [pdf, 185 KB]

   ...the result of its own action in delaying the pour by a week, it does not lend any support to B LTD having tried to take advantage of CT. Did the parties agree a price for the extra 3.6 m3 of concrete? 9. The Consumer Guarantees Act 1993 (CGA) provides a guarantee in section 31 that where services are supplied to a consumer, and the parties have not agreed a price, the consumer is not liable to pay more than a reasonable price. 10. I find that the parties did not agree a pric...

5. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...travel costs, but no more. 6. CV’s claim seeks payment of the invoice in full. 7. The hearing took place by phone on 25 July 2023. FS represented IT at the hearing. Findings 8. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 9. Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider must exercise reasonable care and skill. 10. FS and IT provided comprehensive evidence of numerous errors /...

6. GE v T Ltd [2023] NZDT 442 (23 August 2023) [pdf, 190 KB]

   ...7 working days (once the part had arrived with their service agent). 2. In the meantime, GE requested a replacement TV as he had been advised that he was entitled to that under the Consumer Guarantees Act (this is only correct if any failure of CGA guarantee could not be remedied or was of ‘substantial character’). 3. The part was delivered to the service agent later than expected because, apparently, the courier company delivered it to the wrong address in error. When T Ltd...

7. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...the email OB replied advising they had considered sending the collar back for repair but had decided to request a refund. CM then offered a refund of $25. 4. Both parties agree that the law that applies is the Consumer Guarantees Act 1993, the CGA. Under the CGA goods purchased in trade must be of “acceptable quality”, (Section 6), which is defined in s.7 as including that goods must be fit for purpose, free of minor defects and durable. 5. If goods are found not to be of acc...

8. KK v OW Ltd [2022] NZDT 179 (6 October 2022) [pdf, 128 KB]

   ...to be provided. 12. The second issue for KK is the quality of the services provided by Dr S. She refers to this in terms of misrepresentation; however, it is better considered under the implied guarantee of reasonable care and skill in s 28 CGA. 13. There is little doubt that Dr S and Dr P had differing views about [the horse]’s prognosis and the best way forward. It is unlikely that the difference in their advice resulted from any improvement in [the horse]’s condition over...

9. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [pdf, 224 KB]

   ...pump provided by DIL of acceptable quality, and if not, is there a remedy available to MG? Did DIL provide its installation service with respect to the external unit with reasonable care and skill? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its services with reasonable care and skill (section 28, CGA). 8. WJ engaged two companies to provide services with r...

10. EO v BD Ltd [2021] NZDT 1599 (30 July 2021) [pdf, 198 KB]

    ...and if so, did EO give BD the opportunity to remedy? • What other remedies, if any, are available to EO? Do the goods correspond with the sample in quality? CI0301_CIV_DCDT_Order Page 2 of 4 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that “where goods are supplied to a consumer by reference to a sample or demonstration model: (a) that the goods correspond with the sample or demon...