Search Results

1. LN v JH Ltd [2022] NZDT 16 (18 February 2022) [pdf, 150 KB]

   ...are: a) Did JH Ltd carry out the services with reasonable care and skill? b) What sum, if any, must JH Ltd pay to the LN? Did the JH Ltd carry out the services with reasonable care and skill? 3. 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. 4. LN raised a number of complaints about the trip. First, he said that he and his wife had...

2. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...was the product of the service fit for purpose? • What remedy is available to BC? Did ST Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? 5. 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 (sec...

3. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...provided services 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 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 and skill...

4. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

   ...The generator, which cost about $1,000.00, was written off. 2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored...

5. KU & LU v D Ltd [2024] NZDT 742 (7 November 2024) [pdf, 179 KB]

   ...mis-statement. Issues 5. To resolve this dispute, I need to consider: a. Did the dinghy comply with the description on the website? b. What is the outcome? Compliance with description 6. Section 9 of the Consumer Guarantees Act 1993 (CGA) implies a guarantee into contracts for supply of consumer goods that where goods are supplied by description, they correspond with that description. A description can include a photograph of the goods, as this is a representatio...

6. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...the contract? c) What sum, if any, must the supplier pay to the consumers? Was the accommodation reasonably fit for purpose? 4. Accommodation in a holiday house is a service ordinarily supplied to consumers, so the Consumer Guarantees Act 1993 (CGA) applies. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's ski...

7. US v B Ltd [2024] NZDT 776 (16 October 2024) [pdf, 131 KB]

   ...the spa fit for the purpose and durable? b) If not, is the failure a failure of substantial character that would entitle US to claim compensation of $10,463.00? Is the spa fit for the purpose and durable? 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased must be of acceptable quality1. A spa pool is of acceptable quality if it is fit for the purpose, acceptable in appearance and finish, free from minor defects, safe and durable...

8. OX v S Ltd [2021] NZDT 1584 (28 June 2021) [pdf, 257 KB]

   ...switch and the failure of the battery storage capacity. 10. I am therefore satisfied that the broken ‘on/off’ switch caused the batteries to lose charge. Is the golf trolley of acceptable quality? 11. 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. 12. Under s 6 of the CGA there is a guarantee that goods supplied to a consumer are of accept...

9. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...balance of probabilities, that is, whether the issues raised by them are more likely than not to have occurred. If that is proved then whether NPU breached the terms of is contract with BU and/or any provision under the Consumer Guarantees Act 1993 (CGA), more specifically the provisions raised by BU (which they say apply in relation to the issues) namely s 28 of the CGA (which provides that services must be carried out with reasonable care and skill) and s 29 (which provides that service...

10. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

    ...SB and accordingly DF Ltd would be liable for any breach under that contract. Was there a breach of contract? 7. Although TB is bound by the contract between the parties there is overriding protection under the Consumer Guarantees Act 1993 (CGA) regardless of what the contract says. In fact, the contract acknowledges this. It says in clause 1.4: Nothing in these policies is intended to limit or exclude U’s liability, or the liability of a Presenter, under applicable consumer la...