Search Results

1. DI v H Ltd [2024] NZDT 684 (11 September 2024) [pdf, 185 KB]

   ...acceptable quality on 15 September 2023? c. If not, is $2,832.33 a reasonable value for H Limited to pay to DI in compensation? Was the vehicle fit/safe for towing a boat on 15 September 2023? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 8 of the CGA provides a guarantee that goods are reasonably fit for any particular purpose that the consumer makes known. Here DI had advised H Limited that he was purchasing the vehicle for the purpose of towing his boat...

2. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

   ...deliver the firewood. 19. CM has not done what he promised to do, which was pay for the firewood. Was the wood supplied of acceptable quality and if not, what remedy does CM have? 20. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) means that where goods are supplied to a consumer by a supplier those goods must be of acceptable quality. 21. Section 7 of the CGA sets outs what is meant by “acceptable quality”. Goods must be fit for all the purposes for which go...

3. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? 6. I fin...

4. DF v Q Ltd [2023] NZDT 177 (19 April 2023) [pdf, 143 KB]

   ...compensation and if so, how much (c) Whether Q Ltd is entitled to travel costs to feed the cat and for EF’s time. Has Q Ltd failed to provide its service to DF with reasonable care and skill? 7. I am satisfied that the Consumer Guarantees Act (CGA) applies to this contract because a property management service while a home owner is out of the country for work is a service that would be ordinarily acquired for personal use (S.2 CGA). CI0301_CIV_DCDT_Order Page 2 of 4...

5. MD v BL [2019] NZDT 1376 (1 July 2019) [pdf, 193 KB]

   ...paid the sum ordered to avoid enforcement and filed a rehearing application. He also filed a counterclaim seeking the sum of $1,170.00 that remains unpaid from the work he completed. 4. The issues to be resolved are: (a) Was BL in breach of the CGA for the time taken to attend to the work? (b) If so, was that breach substantial? (c) Was there any defect in the work done? (d) In light of these findings, does MD need to repay any of the original sum ordered? Was BL in breach of the...

6. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a supplier will carry out its serv...

7. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 (c) Was OF a party to the contract? (d) If so, what is the remedy? Did H Ltd provide their services with reasonable care and skill? 7. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. 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 reasonab...

8. EN v B Ltd [2022] NZDT 286 (17 March 2022) [pdf, 192 KB]

   ...onward flight. (g) There is no evidence that EN caused or contributed in any way to the delay that caused him to miss his flight from [City 2] to [Country 1]. Is EN entitled to compensation and if so, how much? 9. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that B Ltd carry out its service with reasonable care and skill (s 28 CGA). I am satisfied that B Ltd did not carry out its service with reasonable care and skill. It seems to me that the method of...

9. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...claims that the dentures are not of acceptable quality or fit for purpose. She claims a refund of the amount paid for the dentures. 3. The relevant law here is found in the Fair Trading Act 1986 (the FTA) and the Consumer Guarantees Act 1993 (the CGA). 4. Section 9 of the FTA provides that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 43 of the FTA provides the Tribunal with a wide discretion to provide an...

10. UW v XG Ltd [2024] NZDT 161 (16 April 2024) [pdf, 139 KB]

    ...to supply a gate which corresponded to ’s website when ordering his gate? 4. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act in this case. 5. The Consumer Guarantees Act 1993 (CGA) provides that where there is a supply of consumer goods, there is a guarantee that the goods will be of acceptable quality. Where goods are sold by description, there is also a guarantee that the goods will correspond with that description....