Search Results

1. EN & MN v II [2023] NZDT 582 (23 November 2023) [pdf, 87 KB]

   ...Such plugs and lamps are not usable in New Zealand without a stepdown voltage changer. EN and MN then communicated with II regarding a refund, however this was not accepted. 3. EN and MN claim a refund relying on the Consumer Guarantees Act 1993 (CGA) and seek a refund of the cost of the lamps $845.95, and the filing fee. 4. The CGA implies guarantees into contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for any purpose a c...

2. DC v NL [2024] NZDT 263 (25 January 2024) [pdf, 172 KB]

   ...and skill? b) If not, did DC give NL and opportunity to remedy the concerns? c) Is DC entitled to claim a full refund of $560.00? Did NL provide hairdressing services with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the services are not provided with reasonable care and skill and th...

3. LN v TD Ltd [2020] NZDT 1466 (13 March 2020) [pdf, 193 KB]

   ...be determined are as follows: a. Was LN entitled to cancel the contract and receive a refund? b. Was LN entitled to dispose of the sofa bed? Was LN entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Where the delivery of the g...

4. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

   ...Consumer Guarantees Act 1993? 4. A breach of section 9 of the Fair Trading Act 1986 (FTA) occurs if a person in trade acts in a way that is misleading or deceptive, or is likely to mislead or deceive. A breach of the Consumer Guarantees Act 1993 (CGA) may occur if services are provided by a person in trade without exercising the necessary care and skill. 5. NM’s allegation was that he was presented with two options when the flights were changed by the airline. The first was he...

5. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). CI0301_CIV_DCDT_Order Page 2 of 3 7. JC p...

6. FE v TVL [2016] NZDT 966 (3 August 2016) [pdf, 132 KB]

   ...incorrect products? c) Failing to identify any underlying moisture problem? What is the likely cause of the problem? What remedy, if any, is available to the FEs? Has TVL failed to meet the Consumer Guarantees Act 1993 (‘CGA’) guarantee of reasonable care and skill by misapplying new coatings? I find that TVL has not misapplied the coatings based on their evidence from witnesses, Mr CD from the paint manufacturer, who provided the original coating...

7. LL & NL v KI [2023] NZDT 745 (12 December 2023) [pdf, 182 KB]

   ...and NL to get a refund of the $1,200.00 paid? Did KI provide shower installation services with reasonable care and skill? 7. The relevant law is the general principles relating to the law of contract and the Consumer Guarantees Act 1993 ‘CGA’. The CGA provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the service and any product resulting from the service is...

8. GU & OG v T Ltd [2024] NZDT 4 (5 January 2024) [pdf, 195 KB]

   ...probabilities. Although I have reviewed all the parties’ evidence and submissions, I have only referenced what I find necessary to give context to my decision. Are the cabinet doors of acceptable quality? 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic, or household use. Under sections 6 and 7 of the CGA a guarantee is provided that goods are to be of acceptable quali...

9. T Ltd v TN [2022] NZDT 101 (9 September 2022) [pdf, 174 KB]

   ...work. Did T Ltd carry out the work with reasonable care and skill, and was it fit for the purpose? 8. Since septic tank services are ordinarily acquired for personal, domestic, or household use or consumption, the Consumer Guarantees Act 1993 (CGA) applies. CGA 28 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 con...

10. TI v T Ltd [2024] NZDT 580 (16 July 2024) [pdf, 171 KB]

    ...whether the sofa was of acceptable quality, and whether it corresponded with the display model in quality. Was the sofa of acceptable quality, and did it correspond with the display model in quality? 3. 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. CGA s 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance,...