Search Results

1. WT v DX [2024] NZDT 796 (26 November 2024) [pdf, 190 KB]

   ...investigations, N was diagnosed with elbow dysplasia. This is a hereditary degenerative joint disease. WT has filed a claim against DX for the cost of treatment on the grounds that N was not of acceptable quality under the Consumer Guarantees Act 1993 (“CGA”). The claim is made up as follows: Purchase cost of N $2,000.00 [Vet 1] bill $1,415.36 [Vet 2] bill $89.00 [Vet 3] bill $6,624.00 [Hydrotherapy] bill $675.00 [Physio] bill $245.00...

2. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...acceptable quality? b. Did the Respondent fail to fix the vehicle within a reasonable time? c. What sum, if any, must the Respondent pay to the Applicant? Was the vehicle of acceptable quality? 4. 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 appearan...

3. O Ltd v NH & OT [2024] NZDT 801 (11 October 2024) [pdf, 109 KB]

   ...must pay particular attention to safety, to diagnose the issue accurately themselves. Did O Ltd carry out its work with reasonable care and skill and was the product of the service fit for purpose? 10. 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 (secti...

4. ZM & AX v S Ltd [2024] NZDT 812 (19 September 2024) [pdf, 133 KB]

   ...their services with reasonable care and skill? (b) If not, what is the remedy? Did the respondents carry out their services with reasonable care and skill? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person or company in ‘trade’. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with re...

5. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...has been carried out. They also claim that the remedial job has been inadequate, with resin left on the surface of the tiles and staining to the supposedly stain-resistant grouting. [5] The relevant law is the Consumer Guarantees Act 1993 (‘CGA’), specifically section 28 of the CGA which provides a guarantee that services will be carried out with reasonable care and skill. Issues [6] The issues to determine are: A. Were both scratches caused by UX Ltd? B. Do...

6. NW & NG v TM Ltd [2023] NZDT 579 (16 November 2023) [pdf, 115 KB]

   ...product of the service fit for purpose? • What remedy is available to the applicants? Did TM Ltd provide its services with reasonable care and skill and was the product of the service fit for purpose? 6. 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 (...

7. NT v D Ltd [2023] NZDT 299 (24 May 2023) [pdf, 186 KB]

   ...owner of D Ltd. GT says he has over 20 years’ experience in the dry-cleaning business. He says he cleaned the jacket himself. Did D Ltd provide the cleaning service with reasonable care and skill? 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied to a consumer (NT is a consumer for the purposes of the CGA) there is a guarantee that the service will be carried out with reasonable care and skill. 6. GT says he uses a Union drycleaning machine to clean l...

8. EM v JJ [2023] NZDT 254 (17 May 2023) [pdf, 89 KB]

   ...licensed to do so, in contravention of the Motor Vehicle Sales Act 2003. The Ministry of Business, Innovation, and Employment oversees compliance with that Act. Page 2 of 3 8. As a seller in trade, the Consumer Guarantees Act 1996 (CGA) applies. The CGA requires goods to be of acceptable quality. The CGA also requires that the supplier remedy any defects if requested to do so and that if the defects are substantial, the purchaser can cancel the sale and obtain a full ref...

9. LJ & MJ v GT [2023] NZDT 301 (10 August 2023) [pdf, 165 KB]

   ...hearing going ahead. 4. The issues to be determined are whether the services were carried out with reasonable care and skill, and fit for the communicated purpose, and what refund if any, is payable. 5. 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. CGA s 29 provides that services must be reasonably fit for any purpose the consumer make...

10. NN v FP [2023] NZDT 19 (1 March 2023) [pdf, 109 KB]

    ...operational requirements. 8. The Fair Trading Act 1986 prohibits misleading and deceptive conduct in trade. The advertising of a service that FP knew would unlikely be delivered is misleading and deceptive. 9. The Consumer Guarantees Act 1993 (CGA) also applies. The Act requires that goods and services are supplied as described. CI0301_CIV_DCDT_Order Page 2 of 3 10. The seat recline and upholstery was important to NN for their long-haul trip and the seat they received wa...