Search Results

1. DC v F Ltd [2024] NZDT 247 (7 March 2024) [pdf, 122 KB]

   ...what is a reasonable value to have the resulting damage put right? Is it more likely than not that the water damage beneath the shower could have reasonably been picked up February 2018? 4. 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 carried out with reasonable care and skill. For DC to succeed with her claim she must show on the balance of pro...

2. DG v B Ltd [2024] NZDT 253 (26 March 2024) [pdf, 91 KB]

   ...the logic board had failed. 2. Cody claims $1,482.41 from B Ltd being the cost to replace the logic board. The issue to be resolved is whether DG’s [laptop] is of acceptable quality. 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). a. Section 6 of the CGA provides a guarantee to a consumer that goods will be of acceptable quality. b. Section 25 provides that this guarantee applies to the manufacturer of the goods. c. Section 7 provides that goods will b...

3. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

   ...of the replacement flights. 5. The issues to be determined are: a) Are the consumers entitled to damages? b) What sum, if any, is payable? Are the consumers entitled to damages? 6. Both parties referred to the Consumer Guarantees Act 1993 (CGA). The CGA applies to domestic flights, but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held tha...

4. QT v L Ltd [2024] NZDT 23 (21 February 2024) [pdf, 201 KB]

   ...Ltd breached its legal obligations to him. He has to do so on the balance of probabilities, i.e. as ‘more likely than not’. Did L Ltd provide its services with reasonable care and skill? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee for consumers that the services provided by a business will be carried out with reasonable care and skill. 6. QT claimed that the repeated technical problems experienced by the [Ferry 1], which required the reschedul...

5. DC v C Ltd [2022] NZDT 274 (16 December 2022) [pdf, 93 KB]

   ...determined are: a) Was the consumer entitled to cancel the contract? b) What sum, if any, is payable? CI0301_CIV_DCDT_Order Page 2 of 3 Was the consumer entitled to cancel the contract? 7. 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 m...

6. TX v QC Ltd [2023] NZDT 94 (22 March 2023) [pdf, 172 KB]

   ...the cost of repairs to the vehicle. 3. The issues to be determined are as follows: a. Was the car of acceptable quality? b. If not, what remedy is TX entitled to? Was the car of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable and free from minor def...

7. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...reasonable care and skill and ensure plans were fit for purpose (s28, 29 Consumer Guarantees Act 1993). 4. The Company accepted this. Given the layout of the site, it was also established that there was no value in the work that had been done (s39 CGA). 5. Consequently, the applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30...

8. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

   ...had already been a failure of guarantee by B Ltd because they had not provided the service in a reasonable timeframe (or followed up in order to do so) as per the guarantee of reasonable timeframe for services in the Consumer Guarantees Act 1993 (‘CGA’). The responsibility to ensure the job proceeds in a reasonable timeframe lies with the supplier, particularly once they have accepted a 50% part-payment, so even if there had been a misunderstanding about who was waiting on contact from...

9. AT Ltd v ZG [2014] NZDT 662 (15 September 2014) [pdf, 22 KB]

   ...and pre-auction meeting chargeable given that auction was cancelled prior to a pre-auction meeting taking place? [7] Have the marketing services been provided with reasonable care and skill as per section 28 of the Consumer Guarantees Act 1993 (CGA)? [8] What amount, if any, is owed by ZG? Decision / Law What period are the marketing services provided for in the contract (agency agreement) to cover? [9] I find that it is reasonable to infer that the (maximum) $2,500...

10. EW v KR & K Ltd [2024] NZDT 319 (29 April 2024) [pdf, 91 KB]

    ...cannot be repaired and KR has declined EW’s request for a refund. 3. KR said that the Inverter came with a one-year warranty and that had expired and so EW should not be entitled to a refund however Section 6 of the Consumer Guarantees Act 1993 (CGA), provides that goods supplied to consumers come with a guarantee of acceptable quality. The meaning of ‘acceptable quality’ includes being durable and fit for purpose (see section 7) CGA. EW claims that the Inverter was not fit for...