Search Results

1. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

   ...determined are: • Did SM make any false or misleading representation to TX about the puppy that induced her to enter into the contract? • Was the puppy of acceptable quality according to the provisions of the Consumer Guarantees Act 1993 (CGA)? • What remedy, if any, is available to TX? CI0301_CIV_DCDT_Order Page 2 of 4 Did SM make any false or misleading representation to TX about the puppy that induced her to enter into the contract? 7. I find that no misre...

2. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...obliged to give WG an opportunity to repair them; and - depending on what is established regarding those issues, what remedy or remedies should follow. The law [13] The parties’ contract is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees in supplies of goods and services by traders to consumers. In this case, there is no complaint about the materials that were provided; HK’s contention is that WG’s workmanship did not comply with the CGA...

3. BU & QU v X Ltd & EP [2024] NZDT 133 (12 March 2024) [pdf, 201 KB]

   ...• What remedy, if any, is available to BU and QU? Was the product of the accommodation rental service fit for purpose generally and was it fit for the particular purpose made known to the supplier? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that the product resulting from a service will be fit for purpose (section 29, CGA). EP is the supplier of the accommodation for the purposes of the...

4. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...and he had not deliberately bitten aggressively, but had continued to chew on what he had believed was a nut. [4] MO raised a number of arguments relating to liability on the part of D Ltd. These included the Consumer Guarantees Act 1993 (“the CGA”); the Fair Trading Act 1986 (“the FTA”); the Contract and Consumer Law Act 2017 (“the CCLA”); the tort of negligence; breach of contract; as well as other statutes and causes of action. [5] For D Ltd, MC stated that D Ltd had...

5. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

   ...conduct in relation to services), s19 (bait advertising) and s 21 (demanding or accepting payment without intending to supply as ordered). Section 9 is generally the catch all the other provisions. 8. Section 28 of the Consumer Guarantees Act 1993 (CGA) there is a guarantee that a supplier must exercise reasonable care and skill when providing a service to a consumer. 9. TN is “in trade” (as he is providing a service) and NS is a consumer for the purposes of both the FTA and...

6. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...further, provide it indemnification by EU against claims from third parties (F Ltd and SC Ltd in this case) for damage. 7. With respect to I Ltd’s contract with EU, I find that EU is a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and was not being paid for his services. I Ltd queried that s...

7. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

   ...known, or a failure to produce the outcome within the agreed timeframe? c. If not, what is the remedy? Who supplied the services and who were the contracting parties? 9. The common law of contract and the Consumer Guarantees Act 1993 (CGA) apply. 10. JL’s position is that she engaged the company then known as Company P Limited to supply the services. In support she says that the Director is QV and that she spoke with him directly in late 2021. She also says that she th...

8. KT & OX & SX v P Ltd [2021] NZDT 1614 (4 August 2021) [pdf, 164 KB]

   ...reasonable care and skill, and/or were the services or the product of those services not reasonably fit for the purpose? 14. Where a supplier in trade supplies services to a consumer under a contract of services, the Consumer Guarantees Act 1993 (“the CGA”) implies various guarantees into the contract including that the services will be carried out with reasonable care and skill (s28 of the CGA), and that the services, and any product resulting from the services, will be reasonably...

9. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...platform]. 3. At that point, the respondent said they would only assist with the problem once the negative feedback was removed. In taking this stance, the respondent failed to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) to remedy a failure when given the opportunity to do so. 4. As the respondent did not remedy the failure within a reasonable time, the applicant is entitled to reject the goods and obtain a refund as per the CGA provisions. Because th...

10. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

    ...3 of 6 11. I am satisfied on the evidence before me that the value of the 80,000 [Airline points] is NZ $3,800.00. Are the BK and BH entitled to the cash equivalent of the 80,000 [Airline points]? 12. The Consumer Guarantees Act 1993 (CGA) is applicable. There are certain guarantees under the CGA (which cannot be contracted out of). The applicable guarantee is that the guarantee the service is reasonably fit for a particular purpose (s29 of the CGA). The “malfunctioning seat...