Search Results

1. DU & HU c/- V Trust v UT Ltd [2021] NZDT 1591 (28 July 2021) [pdf, 105 KB]

   ...DU and HU are entitled to a remedy, how much compensation is appropriate and is the amount claimed proved and reasonable? Are DU and HU entitled to compensation for the cost of repairing the wall? 7. The Consumer Guarantees Act 1993 (“the CGA”) applies to the services provided by UT to DU and HU. Where a supplier supplies services to a consumer, the CGA implies various guarantees including that the services will be carried out with reasonable care and skill (s28 of the CGA)....

2. QT v B Ltd [2024] NZDT 148 (10 April 2024) [pdf, 142 KB]

   ...between [address 2] been carried out with reasonable care and skill? 17. There is insufficient evidence to support a finding that the work by [B Ltd] on the boundary bank is defective. 18. It is likely that the Consumer Guarantees Act 1993 (CGA) applies to the work carried out by B Ltd The CGA applies when there is a supply of services of a kind which are ordinarily acquired for personal, domestic or household use. The services provided here are earthworks for a new house which is...

3. MO & HD v IE Ltd [2022] NZDT 285 (23 November 2022) [pdf, 154 KB]

   ...to build their new house within their budget. 12. Even though I am not persuaded that IE Ltd made an explicit representation that it would produce a design that could be built within the applicants’ budget, the Consumer Guarantees Act 1993 (CGA) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 13. While this project occurred within a context of indus...

4. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...services with reasonable care and skill, is $24,856.39 a reasonable amount for it to pay to NI and TI in compensation? Did HJ Ltd provide its services with reasonable care and skill? 5. 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. 6. The photos provided by TI and NI clearly show blistering paint acros...

5. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...and cost of shipping. If so, what happens to the damaged bag. (c) Whether the Tribunal can make an award of the Tribunal filing fee. Was the bag not of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 9. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that goods supplied by a supplier to a consumer will be of acceptable quality. To be of acceptable quality, goods must be durable and fit for purpose (S’s 6 & 7 CGA). 10. I find that t...

6. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...terms of the contract relating to payment, I do not consider that they can constitute ‘harsh or unconscionable’ terms. Did OL Ltd provide its advocacy services to TG with reasonable care and skill? 10. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 11. In considering whether or not OL Ltd provided it...

7. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

   ...to a construction fault. 22. There is no evidence to suggest that the problem is due to the failure of any particular component. 23. The warranty does not cover the type of defect that FM alleges. Consumer Guarantees Act 1993 (“CGA”) 24. The CGA applies when goods are supplied to a consumer. 25. A consumer is defined as a person who:1 Acquires from a supplier goods or services that are ordinarily acquired for personal, domestic, or household use or consumpti...

8. BE v TD Ltd [2023] NZDT 317 (25 July 2023) [pdf, 190 KB]

   ...me to decide is whether the knocking noise that BE has identified is a defect in the car that she bought and, if so, what remedy should be available to her. The law The purchase of the car was covered by the Consumer Guarantees Act 1993 (“the CGA”). Although the purchaser from TD Ltd was BE’s father, her evidence, which I accept, was that he purchased it on her behalf. Thus, BE is entitled to any claims that there might be against TD Ltd under the CGA. The CGA provides guarant...

9. KS v T Ltd [2023] NZDT 28 (11 January 2023) [pdf, 225 KB]

   ...provide its service with reasonable care and skill by leaving KS’ car exposed to the elements after sandblasting, by cutting trims around the rear window and did they cause denting damage to external panels? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 7. H Ltd acknowledge that KS’ car was left outs...

10. UX v J Ltd [2023] NZDT 105 (16 March 2023) [pdf, 204 KB]

    ...answer to either of the above is “no”, is UX entitled to return the machine and to receive damages in compensation, or some other remedy. (d) What should happen to the machine. Law 7. I have considered whether the Consumer Guarantees Act (CGA) applies to the sale and purchase of the UTV. I have decided it does not. The CGA applies to goods ordinarily acquired for personal domestic or household use (S.2 CGA). J Ltd’s IH said that J Ltd sells these machines solely to farmers....