Search Results

1. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...working (including a bedside light and bedroom light), there was food in the fridge from previous guests and CD had to be called to the cottage to fix Wi-Fi coverage by rebooting the modem. NC has made his claim under the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee to consumers that services provided by suppliers will be with reasonable care and skill. 10. KD and CD believe that the items mentioned by NC are trivial. I agree that each item is min...

2. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...RESPONDENT U Ltd The Tribunal orders: U Ltd is to pay $19,814.50 to MD by 20 August 2024. Reasons Did U Ltd fail to supply a service with reasonable care and skill? 1. Part 4 of the Consumer Guarantees Act 1993 (CGA) provides guarantees for consumers who are supplied services in trade. Section 28 provides that “where services are provided there is a guarantee that the service will be provided with reasonable care and skill.” MD has claimed that the...

3. LQ v LE [2024] NZDT 590 (31 July 2024) [pdf, 178 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 590 APPLICANT LQ RESPONDENT LE The Tribunal orders: The claim is dismissed. Reasons 1. LQ purchased a [vehicle] from LE in December 2023 after seeing the car advertised on Trade Me. He paid $9,700 after meeting LE and taking the car for a test drive, but within a few days of purchase a dashboard light came on – diagnosis initially sh

4. BL v E Ltd & UFH Ltd [2024] NZDT 655 (15 July 2024) [pdf, 218 KB]

   ...against E Limited. 5. The issue for the Tribunal to determine is whether E Limited, as the manufacturer of the system, have any responsibility or liability for the failed installation? 6. The relevant law is the Consumer Guarantees Act 1993. (CGA) Whether E Limited, as the manufacturer of the system, have any responsibility or liability for the failed installation? 7. S25 of the CGA provides for circumstances where consumers have a right of redress against manufacturers....

5. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...for consideration are: a. Was the cooktop of acceptable quality? b. If not, what is the remedy? Was the cooktop of acceptable quality? 10. When a supplier provides goods to a consumer in trade, the Consumer Guarantees Act 1993 (“the CGA”) implies a guarantee that the goods supplied are of acceptable quality (section 6 of the CGA). 11. These guarantees are assessed on an objective standard, that is, what a reasonable consumer would expect from a reasonably competent supp...

6. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...may have to pay. I determined in that claim (CIV 20 094 321) that HM must pay the full amount of BTO’s invoice being $748.00. Whether the tub is of acceptable quality/fit for purpose 7. The provisions of the Consumer Guarantees Act 1993 (CGA) apply. UUL is in trade (as a supplier of hot tubs and other consumer goods) and the hot tub is of a kind ordinarily acquired for personal, domestic, or household use or consumption. HM is therefore a “consumer” for the purposes of the...

7. NS v T Ltd [2021] NZDT 1593 (23 June 2021) [pdf, 214 KB]

   ...c) Was NS entitled to cancel the contract? d) What sum, if any, is payable between the parties? Was there a binding settlement agreement? CI0301_CIV_DCDT_Order Page 2 of 4 6. A consumer who has a claim under the Consumer Guarantees Act 1993 (CGA) can agree to settle or compromise that claim, and the normal rules of contract law apply to any settlement agreement. However, parties generally cannot contract out of the Act in advance (CGA s 43). 7. I find that NS was not bound by the...

8. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [pdf, 263 KB]

   ...on that basis, I am not persuaded the applicant is entitled to cancel the sale. Of course, if any future fault arises the applicant is entitled to rely upon the provisions of the Consumer Guarantees CI0301_CIV_DCDT_Order Page 3 of 4 Act 1993 (CGA) and is not limited by the respondent’s limited express warranty or lack of [dryer brand] warranty. [12] The issue however is different with the dryer. I accept the applicant’s evidence, supported by the sticker referred to above, that...

9. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...a failure by R Ltd to comply with either or both of the above guarantees, whether GA is entitled to a refund of $736.00. Was R Ltd’s report not fit for the particular purpose made known? 7. There is a guarantee in the Consumer Guarantees Act (CGA) that the service provided by a supplier, and any product resulting from the service, will be (a) reasonably fit for any particular purpose; and (b) of such a nature and quality that it can reasonably be expected to achieve any particular r...

10. DM v VN Trustees Ltd [2014] 723 ( 31 October 2014) [pdf, 146 KB]

    ...kitchen window relocation and delays. The counter-claim is reduced to $15,000.00 to fall within the monetary jurisdiction of the Disputes Tribunal. [8] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (‘CGA’). As discussed at the hearing, the Tribunal’s jurisdiction in negligence is restricted to damage to or loss of property so does not include economic loss resulting from professional negligence. The counter-claim will therefore be cons...