Search Results

1. DJ & QW v E Ltd [2024] NZDT 772 (5 December 2024) [pdf, 218 KB]

   ...that there has been a breach of the FTA by E Ltd. Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? 21. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act 1993 (CGA) by E Ltd. 22. The CGA provides for certain guarantees to apply in relation to the supply of goods and services in trade. In relation to goods there are guarantees that goods will be of acceptable quality and where goods are sold by descri...

2. KQ v M Ltd [2023] NZDT 74 (24 February 2023) [pdf, 204 KB]

   ...full service or that a recent full service had been carried out. Is it an aspect of acceptable quality under the Consumer Guarantees Act 1993 that a car is sold to a consumer with a recent full service? 7. The Consumer Guarantees Act 1993 (CGA) in section 6 provides for a guarantee that goods supplied to a consumer are of acceptable quality. Section 7 of the CGA defines ‘acceptable quality’ as including fitness for purpose, being acceptable in appearance and finish, absence o...

3. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...was a contract between the parties for the sale and purchase of the lehenga at the price of $1,250.00 and delivery by 28 November. C Ltd breached that contract. They breached the guarantee relating to delivery under the Consumer Guarantees Act 1993 (CGA) (s5A). 4. S5A also provides that where the breach is one of “substantial character” then the consumer may reject the goods cancel the contract and in addition, obtain from the supplier damages for any loss or damage to the consume...

4. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services will be fit for purpose. 5. MT claims that the service was not fit for purpose as connectivity p...

5. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...Did ME exercise reasonable care and skill when he produced the pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is that he exercised reasonable care and skill when he produced t...

6. UO v TQ Ltd [2023] NZDT 562 (14 November 2023) [pdf, 97 KB]

   ...terms highlighted in that document, and I conclude that it did not become part of the contract. Did TQ Ltd carry out its service with reasonable care and skill, and was it fit for the purpose? 10. 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 makes kno...

7. NT v J Ltd [2023] NZDT 489 (26 September 2023) [pdf, 183 KB]

   ...the company carry out the services with reasonable care and skill? b. If not, what sum, if any, must the company pay? Did the company carry out the services with reasonable care and skill? 4. 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. 5. There was no dispute that the bus departed [Town 2] without NT, but the company’s po...

8. UH v D Ltd [2024] NZDT 45 (2 February 2024) [pdf, 179 KB]

   ...contracted and with reasonable care and skill? 6. Contract law recognises contracts can include both express terms agreed between parties, and terms which may be implied. Terms implied by law include those 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 CI0301_CIV_DCDT_Order Page 2 of 4 section 28 CGA which requires that servic...

9. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

   ...refund $1,500.00 to BT? c. Does the Tribunal have jurisdiction to hear a claim for stress, slander and derogatory comments? Did US carry out her services with reasonable care and skill? 6. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 7. I find, on the balance of probabilities, that US did not carry o...

10. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

    ...time? b. If not, are KX and KD entitled to claim compensation of $5,592.00 Did B Ltd take reasonable steps to notify KX and KD about the updated departure time so that they could get to the gate on time? 5. The Consumer Guarantees Act 1993 (CGA 1993) implies into all consumer contracts a set of minimum standards (guarantees) for services when they are supplied in trade to consumers. The services must be provided with reasonable care and skill. In addition, B Ltd’s. conditions of...