Search Results

1. SU v G Ltd [2024] NZDT 259 (6 March 2024) [pdf, 111 KB]

   ...2020 Element not of acceptable quality? (b) Is SU entitled to a remedy and, if so, is the amount claimed proved and reasonable? Was the Cooktop and/or the 2020 Element not of acceptable quality? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the Cooktop. Where goods are supplied to a consumer, the CGA implies a guarantee that the goods are of acceptable quality CI0301_CIV_DCDT_Order Page 2 of 5 (s6 of the CGA). Goods are of an acceptable quality if they are f...

2. BX v PN Ltd & NN Ltd [2021] NZDT 1575 (5 August 2021) [pdf, 215 KB]

   ...noted that the company PN Ltd is not relevant to these proceedings. That company was not formed until after the sale to BX, and it was named in these proceedings in error. Findings 9. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 10. Section 6 CGA states that where goods are supplied to a consumer there is a guarantee that the goods must be of “acceptable quality”. 11. Section 7 CGA defines acceptable quality. It states that goods are of acceptable...

3. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...person knowing this would have sought TYY’s confirmation rather than relying on TY’s assurance that it had obtained cover. [3] FB now claims $1,479.60 against both TY and TYY by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. Issues (a) Does this dispute cover issues already determined by the Motor Vehicle Disputes Trib...

4. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...reject the bike? c. Is NN entitled to a refund of $11,484.00 paid for the bike and accessories, and costs of $2,000.00? Is the bike of acceptable quality and/or fit for any purpose made known by NN? 5. The Consumer Guarantees Act 1993 (“CGA”) implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the bike supplied here, must be of an acceptable quality. That phrase is further defi...

5. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...reject the bike? c. Is NN entitled to a refund of $11,484.00 paid for the bike and accessories, and costs of $2,000.00? Is the bike of acceptable quality and/or fit for any purpose made known by NN? 5. The Consumer Guarantees Act 1993 (“CGA”) implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the bike supplied here, must be of an acceptable quality. That phrase is further defi...

6. KM v BE [2022] NZDT 25 (29 April 2022) [pdf, 196 KB]

   ...Consumer Guarantees Act 1993? b) Has KM forfeited her right to a refund due to retaining the unit for 9 months? CI0301_CIV_DCDT_Order Page 2 of 4 Reasons: Is KM entitled to a refund for the [Television company] unit under the CGA? 7. The right of consumers to have defective goods remedied replaced or refunded is covered under the Consumer Guarantees Act 1993 (CGA) which provides a set of guarantees for consumers. One of the guarantees is that the goods pu...

7. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...compensation because a 2016 Mazda CX3 purchased by the company was rusting where the aerial connects with the roof. The rust was hidden by a vinyl covering on the roof at the time of sale. 2. Sections 6 of the Consumer Guarantees Act 1993 (CGA) states that goods supplied to a consumer come with a guarantee of acceptable quality. The meaning of “acceptable quality” is set out in section 7. The guarantee of “acceptable quality” includes “free from minor defects” as a re...

8. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...bins of acceptable quality? 5. Contract law recognises contracts can include both express terms agreed between parties, and also implied terms. Terms implied into a contract by law include those such as under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an accep...

9. CG v SG [2019] NZDT 1488 (2 April 2019) [pdf, 179 KB]

   ...purchase price and wishes to return the splashback. 3. The issues to be determined are as follows: a. Does the splashback correspond with the description given in the advertisements? b. If not, what remedy are CS and DS entitled to under the CGA. Does the splashback correspond with the description given in the advertisements? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that wh...

10. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

    ...incurred by XI on 15 June, 16 June and 19 September 2020 while she was visiting New Zealand? c. If so, what is the remedy? Does the Consumer Guarantees Act 1993 apply? CI0301_CIV_DCDT_Order Page 2 of 3 4. The Consumer Guarantees Act 1993 (CGA) applies to goods and services supplied in trade to a consumer. There is no question that had the pacemaker inserted in NZ failed, that the CGA would apply. However, this is not case. Instead XI seeks to hold N Ltd, as part of the globa...