Search Results

1. KM v S Ltd [2024] NZDT 624 (16 July 2024) [pdf, 224 KB]

   ...and if so, how much. Law 7. The law to be considered in determining this claim is the law of contract, the terms of the contract, the guarantees as to reasonable care and skill, fitness for purpose, and price in the Consumer Guarantees Act (CGA), the provisions of the Fair Trading Act (FTA) in relation to misleading and deceptive conduct, and false or misleading representations. I have also considered the provisions of the Innkeepers Act and the old Roman law as to duties of an inn...

2. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...right to another free return the following season. In November 2015, TG sought a refund of her stud fee, but the contract provided for a free return, not a refund. A refund could only be due upon a breach being established under the contract or CGA. 17. I have had regard to whether the second free return (the purchase of K) was a “qualifying” return, or whether it failed to be so given the way it was managed. K was purchased already in foal. When K arrived at TG’s on 22 Janu...

3. GE v M Ltd [2022] NZDT 86 (17 January 2022) [pdf, 135 KB]

   ...determined are what were the terms and conditions of the contract, has the contract been cancelled for repudiation, and what amount would be payable under the contract. 6. GE submitted that the dispute is covered by the Consumer Guarantees Act 1993 (CGA). Section 28 and 29 of the CGA provides guarantees for consumers that the services provided will be carried out with reasonable care and skill and that the product resulting from that service will be reasonably fit for its particular p...

4. LN & TN v TT Ltd [2024] NZDT 152 (1 March 2024) [pdf, 206 KB]

   ...addressed the evidence and arguments to the extent necessary to explain my decision. Whether the service was provided with reasonable skill and care and fit for purpose? CI0301_CIV_DCDT_Order Page 2 of 4 6. The Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any discussion between the parties...

5. MO & SO v QC Ltd [2022] NZDT 157 (28 September 2022) [pdf, 142 KB]

   ...4. The issues to be determined are: • What was the likely cause of the pool collapse? • Did TI breach its duty of care to the MO and SO and did TI carry out its work with reasonable care and skill as per the Consumer Guarantees Act 1993 (‘CGA’)? CI0301_CIV_DCDT_Order Page 2 of 4 • What remedy, if any, is available to MO? What was the likely cause of the pool collapse? 5. As stated above, MO and SO point out that the pool collapsed a day after excavations on site...

6. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...inspecting the cabin, ES would always have had the protection of the Consumer Guarantees Act if she had discovered problems with the cabin after installation, and on a practical level a supplier is usually more willing to fulfil their obligations under the CGA if they have been paid (even though the obligations apply regardless of payment). Was CP Ltd entitled to remove the doors and windows and take them away from site? 9. While I agree with CP Ltd’s position that ES should have m...

7. QC v OC [2023] NZDT 59 (21 February 2023) [pdf, 167 KB]

   ...Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 all rely on QC having made a false statement or representation about B’s [feature] and/or whether she was ‘show quality’, or, in the case of the CGA her ‘fitness for a purpose made known to him’ (because there would only have been a failure of the guarantee of acceptable quality if it were established that being show quality was a requirement Mrs Bott had communicated to QC). A...

8. LI v MB Ltd [2022] NZDT 158 (21 September 2022) [pdf, 115 KB]

   ...(c) If the answer to either of the above is “yes”, whether LI is entitled to damages for any loss suffered and if so, how much. Has MB Ltd failed to provide its service to LI with reasonable care and skill? 8. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA implied into all consumer contracts, that where a service is supplied by a supplier, the service will be carried out with reasonable care and skill (S.28 CGA). That means the reasonable care and rea...

9. GL Ltd v MD [2020] NZDT 1369 (14 October 2020) [pdf, 208 KB]

   ...contract with GL Ltd and regardless of whether or not she read the terms of engagement made available to her, she is bound by them. Did BC/GL Ltd provide its services to MD with reasonable care and skill? 11. 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 services with reasonable care and skill (section 28, CGA). MD contends that BC did not meet client care requir...

10. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

    CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1692 APPLICANT AJ RESPONDENT IO Ltd SECOND RESPONDENT TF Ltd The Tribunal orders: A. IO Ltd is to pay AJ $2,019.00 on or before 24 December 2021. B. TF Ltd is to pay AJ $250.00 on or before 24 December 2021. Reasons 1. In about March 2021 AJ purchased a washing machine from IO Ltd, operated by the I