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1. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking process, I consider it more appropriate...

2. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

   ...occurred during the move? CI0301_CIV_DCDT_Order Page 2 of 4 7. The relevant law is contract law, Part 5 Subpart 1 of the Contract and Commercial Law Act 2017 (CCLA), dealing with carriage of goods. Also, the Consumer Guarantees Act 1993 (CGA) which inserts certain guarantees into contract between suppliers of services in trade and consumers. What kind of contract of carriage was it? 8. Under CCLA s 248 and 249, the liability of a carrier for loss or damage to goods unde...

3. DN v BO [2024] NZDT 430 (6 June 2024) [pdf, 184 KB]

   ...skill and fit for purpose? 3. I find that the painting of the driveway was not done with reasonable care and skill and was not fit for purpose because the driveway is now slippery and dangerous when it is wet. 4. The Consumer Guarantees Act 1993 (CGA) provides that where services of a domestic nature are provided there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for any purpose the consumer makes known to the supplier....

4. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...Consumer Guarantees Act? e) Is NK entitled to the sum claimed? Was the repair of the rust by EI Ltd carried out with reasonable care and skill? 4. This claim concerns a contract for the supply of services. 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. 5. A consumer under the CGA includes a person who acquires services ordinarily acquired for...

5. ES v M Ltd [2023] NZDT 218 (3 May 2023) [pdf, 93 KB]

   ...to a refund of the price he paid for the car, or whether he must accept a replacement engine. CI0301_CIV_DCDT_Order Page 2 of 3 The law [5] The sale of the car by M Ltd to ES is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA sets out guarantees that apply where a trader supplies goods to a consumer, as in this case. The trader is taken to guarantee that the goods will be of acceptable quality and fit for their purpose. Section 18 of the CGA provides...

6. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

   ...and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees contained in the Act, such as being fit for the pu...

7. LW v N Ltd [2024] NZDT 352 (13 May 2024) [pdf, 133 KB]

   ...purpose of applying for an exception and it has not done this. The issue to be resolved is what is a fair outcome for both parties? What is a fair outcome for both parties? 7. The relevant laws are that of the Consumer Guarantees Act 1993 (CGA) and the law of quasi contract: a. CGA: section 31 of the CGA provides that where services are supplied to a consumer, and the price has not been agreed, there is a guarantee that the consumer will not pay the supplier more than a reaso...

8. CG v UD Ltd [2024] NZDT 270 (28 April 2024) [pdf, 189 KB]

   ...while CG feels they have failed to deliver on their promises, my view is that UD Ltd have conducted the trip with all the inclusions outlined. Was the tour provided with reasonable care and skill? 12. The Consumer Guarantees Act 1993 (“CGA”) provides that all services must be provided with reasonable care and skill. This means that any work done must be at least as good as the work of a competent person with average skills and experience for that type of work. Reasonable ski...

9. KT & NT v N Ltd [2024] NZDT 374 (31 May 2024) [pdf, 178 KB]

   ...service that is ordinarily acquired for personal or domestic use or consumption and as such is subject to the guarantee that the service will be supplied with reasonable care and skill as provided in s.28 of the Consumer Guarantees Act 1993, the CGA. Where there has been a failure to so render a service the consumer is entitled to exercise the options set out in s.32 of the CGA. 6. Typically, a consumer would request the provider to remedy the failure but in the case, the concrete c...

10. OD v Q Ltd [2024] NZDT 422 (14 May 2024) [pdf, 112 KB]

    ...weeks a reasonable time for Q Ltd to remedy the failure? c. If not, is $2,000.00 a reasonable value for Q Ltd to refund OD? Was the laptop fit for the purpose OD had made known to Q Ltd? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 8 of the CGA provides that where goods are supplied to a consumer they will be reasonably fit for any particular purpose that the consumer makes known. 6. I find, on the balance of probabilities, that OD had made it known to t...