Search Results

1. IN & UI v C Ltd [2023] NZDT 394 (31 August 2023) [pdf, 213 KB]

   ...Ltd undertake the work on the retaining wall with reasonable care and skill? 4. I find that it is most likely that the work on the retaining wall by C Ltd was not carried out with reasonable care and skill. 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the work will be carried out with reasonable care and skill. A consumer can be entitled to a remedy under the Act if there is a breach of this guarantee....

2. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...Consumer Guarantees Act 1993? c. Is TI entitled to remedial costs? Did BCS provide its inspection services with “reasonable skill and care”? CI0301_CIV_DCDT_Order Page 2 of 6 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that suppliers of services must provide their service with “reasonable skill and care”. This generally means that any work done must be as good as the work of a competent person with average skills and experience for that t...

3. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress against the supplier and manufac...

4. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...are defined in ss 6–8 of the Act. If the diesel was contaminated beyond acceptable industry limits, then it would not meet these standards. If this was established, then AAQ Ltd could obtain from both ZZL Ltd as the supplier (s 18(4) of the CGA) or ZZJ Ltd as the manufacturer (s27(1)(b)) compensation for any loss or damage resulting from the failure which was reasonably foreseeable as liable to result from the failure. [5] However, AAQ Ltd would have no right of redress again...

5. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...breakdown of the invoice. MT paid the full amount of the invoice, $7,583.10 on 25 January 2022. CI0301_CIV_DCDT_Order Page 2 of 5 5. The services provided by J Design are guaranteed by provisions of the Consumer Guarantees Act 1993 (CGA). That is because MT has acquired from J Design, services of a kind ordinarily acquired for personal, domestic, or household use or consumption. Section 31 CGA provides a guarantee that a consumer is not liable to pay a supplier more than...

6. OP v U Ltd & B Ltd [2024] NZDT 823 (15 October 2024) [pdf, 134 KB]

   ...considered it had the ability to sell OP’s property for non-payment. I do not consider that B Ltd has been able to establish on the balance of probabilities that there was a term in the contract to this effect. 9. The Consumer Guarantees Act 1993 (CGA) applied to the arrangement between the parties. This means that there was a guarantee implied into the arrangement that B Ltd would provide its services with reasonable care and skill, and that the services would be fit for purpose....

7. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [pdf, 182 KB]

   ...consider are: CI0301_CIV_DCDT_Order Page 2 of 9 a. What was the agreement between the parties as to what work N Ltd was to do and how it was to be charged for? b. Did N Ltd breach the contract and/ or the Consumer Guarantees Act 1993 (“CGA”) by failing to carry out its work as agreed and with reasonable care and skill? c. Did N Ltd breach the Fair Trading Act 1986 (“FTA”) when providing the respondent with a price for this project? d. Were the respondents en...

8. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...curtains back and had them repaired for free. This was not an option for his company outside the 48-hour time, he said, as the curtain workshop they dealt with would not then repair them for free. 12. Section 7 Consumer Guarantees Act 1993 (“CGA”) provides that ‘of acceptable quality’ includes being acceptable in appearance and finish and free from any minor defects. Section 7 provides that regard can be had, in determining whether a reasonable consumer would regard goods as...

9. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...tradesperson is expected to complete work to a professional standard. 9. For the reasons stated below, I find the remedial drainage work done by E Ltd in (or around) June 2022 at [address 1] is covered by s28 of the Consumer Guarantees Act 1993 (“CGA”). 10. I say that because: a. within the definition of “services” in s2 CGA, this work constitutes the provision of services to SS and NQ, despite there being no direct contract between E Ltd and SS and NQ; and b...

10. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

    ...skill, because TN Ltd had the date wrong for the [pre-wedding event 1] and so the decorations provided were of a lesser quality than had been discussed before the event. CI0301_CIV_DCDT_Order Page 2 of 6 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for any purpose the customer makes known to the supplier. If there is...