Search Results

1. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...and ACD are entitled to have the work carried out by another tradesman at ZYA’s expense; (ii) If so, what compensation should be paid by ZYA? Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. Th...

2. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

   ...report, as CDL’s full office and administrative resources were not available to him at that time. Was the building report carried out with reasonable care and skill and was it fit for purpose? 11. The Consumer Guarantees Act 1993 (“CGA”) applies to this contract because the service CDL provided is a service ordinarily acquired for personal, domestic or household use as it relates to inspection of a home prior to purchase. I am satisfied AB is a consumer under the CGA. The...

3. UO & NO v HS Ltd & JI & HM [2021] NZDT 1587 (21 July 2021) [pdf, 270 KB]

   ...work must be completed with reasonable skill and care, and is to be fit for purpose. Further under section 17 of the Act, it provides that all building work must comply with the Building Code. 10. I find that the Consumer Guarantees Act 1993 (CGA), is also relevant and applies in this claim. Under section 2 of the CGA, the definition of “supplier” clarifies that the Act will apply to persons who supply services to consumers even if they do not have a direct contractual relationship...

4. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...acceptable quality under the Consumer Guarantees Act 13. Having determined on balance that NQ was a motor vehicle trader I then must determine whether the van was of acceptable quality for the purposes of s 6 of the Consumer Guarantees Act 1993 (the CGA). 14. Section 6(1) of the CGA provides that “where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality”. “Acceptable quality” is defined in s 7 of the CGA (as far as is relevant) as...

5. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...arrangements were made for DO Ltd to install fibre into a home owned by BE at [address]. BE says DO Ltd breached the terms of his contract; breached the Contract and Commercial Law Act 2017 (“CCLA”); breached the Consumer Guarantees Act 1993 (“CGA”) by failing to provide services with reasonable care and skill; and breached the Fair Trading Act 1986 (“FTA”) by engaging in misleading and deceptive conduct through unfair trading practices. 3. The claim form records BE’s cla...

6. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

   ...legally binding contract is formed when both parties intend to contract on agreed terms which they intend to be legally binding. Contracts often have both express terms agreed between parties, and implied terms. The Consumer Guarantees Act 1993 (“CGA”) implies minimum standards (or guarantees) for goods and services into contracts where goods and services are supplied in trade to consumers, and offers remedies where guarantees are breached. Relevant guarantees here are: a. section...

7. MZ v GU Ltd [2022] NZDT 56 (5 May 2022) [pdf, 143 KB]

   ...to AC power when it was wired for battery power. There is no evidence to suggest that there is an inherent problem with the motor purchased by MZ and it was therefore of acceptable quality for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). Did UE make false or misleading representations about the motor when advertising the goods? 9. Section 13(a) of the Fair Trading Act 1986 provides that – “No person shall, in trade, in connection with the supply or possib...

8. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

   ...purpose? b. If not, what is the remedy? c. If so, how much is owed under the contract? Did US Ltd carry out the roofing work with reasonable care and skill and was the roof fit for purpose? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any discussion between the parties pre...

9. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...allowed to reject the goods and obtain a refund? iv. If so, is L Ltd liable for damages, and if so, how much? Has there been a breach of the guarantee of acceptable quality in the Consumer Guarantees Act. 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased from traders must be of acceptable quality. The goods must be fit for the purpose, safe, durable and free from minor defects. This must be assessed from the point of view o...

10. SH v TS [2022] NZDT 110 (2 September 2022) [pdf, 123 KB]

    CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 110 APPLICANT SH RESPONDENT TS The Tribunal orders: 1. TS is to pay $2,500.00 to SH on or before Friday 16 September 2022. 2. Within 21 consecutive days of SH receiving the money in full, TS may collect the [vehicle] at his sole cost. SH is to ensure the vehicle is reasonably available for collection during normal