Search Results

1. The Estate of UB v KM [2020] NZDT 1322 (3 December 2020) [pdf, 191 KB]

   ...mother’s will. 4. The claim is for $12,677.86. 5. KM did not attend the last hearing. He did however attend earlier hearings. Hearings can proceed and be determined in the absence of a party. 6. Under the Consumer Guarantees Act 1993 (CGA) there is a guarantee that services provided will be carried out with reasonable care and skill. From the evidence I am satisfied that KM is a supplier in trade for the purposes of the CGA. 7. The issues are: a. What was the contract...

2. SD v L Ltd [2024] NZDT 240 (8 March 2024) [pdf, 180 KB]

   ...acceptable quality? b) Did the supplier fail to fix the [vehicle] within a reasonable time? c) What sum, if any, must the supplier pay to the consumer? Was the [vehicle] of acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance, an...

3. DM v QB Ltd [2023] NZDT 124 (9 June 2023).pdf [pdf, 184 KB]

   ...the outcome was fit for purpose? b. If not, what is the remedy? Was the unit of acceptable quality and was it installed with reasonable care and skill so that the outcome was fit for purpose? 5. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee that goods will be of an acceptable quality. Section 8 also provides that goods must be fit for any particular purpose made known by the consumer expressly or by implication and for the purpose for which supplier repre...

4. SX v A Ltd [2023] NZDT 462 (19 September 2023) [pdf, 204 KB]

   ...consumer by transferring the ownership or the possession of the goods under a contract of sale or as the result of a gift from that person. That means goods do not necessarily have to have been sold for a company or person to be a supplier under the CGA and for the provisions of the CGA to apply to the transaction. 8. While A Ltd had no legal liability to assist SX in 2015 when the cracks appeared in three basins in his house (which SX now accepts although he did not realise at th...

5. NU v OA [2023] NZDT 748 (19 December 2023) [pdf, 224 KB]

   ...deceptive conduct. 30. For these reasons I am more than satisfied that the Fair Trading Act 1986 is not relevant to the claim and even if it applies to the parties there is no evidence of an actionable breach. Does the Consumer Guarantees Act 1983 (CGA) apply? 31. I am not satisfied that the applicant has proved that he fulfils the definition of a consumer as it is provided for in the Consumer Guarantees Act 1983. I make my finding when I consider that the “interpretation” c...

6. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...entitled to under the Consumer Guarantees Act? c. And, which of the respondents are liable under the contract? Was the work carried out with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 4 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 of the CGA provides a guarantee that services will be carried out with reasonable care and skill. 6. SU quoted for and carried out repair work o...

7. GM v D Ltd [2024] NZDT 583 (13 September 2024) [pdf, 194 KB]

   ...the dress and called GM advising D Ltd would not be refunding the price because it had been damaged. 4. GM now claims for a refund of the price paid claiming the dress was not of acceptable quality under the Consumer Guarantees Act 1993, the CGA. D Ltd responds that GM does not have the right to reject the dress as it has been damaged whilst in her possession. 5. The issues to be decided then are whether the dress was of acceptable quality at the time of sale and, if not, to wha...

8. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

   ...Trading Act 1986? c. If there has been a breach, what remedy is appropriate? Were the services fit for purpose or carried out with reasonable care and skill? 6. 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. Section 29 CGA also states that the services will be reasonably fit for any purpose and of such a nature and quality that it can reas...

9. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...claim under the law of negligence.1 8. The arguable legal basis for MT’s claim is the Consumer Guarantees Act 1993. P Ltd is an entity in trade that provides goods and services that are ordinarily acquired for domestic of household use. The CGA states that service providers must exercise reasonable care and skill. The Disputes Tribunal has jurisdiction to hear claims under the CGA. 1 The Tribunal’s jurisdiction in tort is limited to claims for damage to, or loss of, physic...

10. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

    ...Contracts are recognised to have terms which are described as express terms, i.e., included by direct discussion and agreement between the parties, and terms which may be implied, such as by the law. Section 28 of the Consumer Guarantees Act 1993 (“CGA”) is an example of such a term because it says where services of this type are provided to a consumer, they must be provided with reasonable care and skill. Contracts which involve the domestic carriage of goods are however also gover...