Search Results

1. AI YK v LS [2021] NZDT 1709 (7 December 2021) [pdf, 222 KB]

   ...by LS? • What is payable on the claim and counter-claim? Is the supply and installation of this kitchen covered by the provisions of the Consumer Guarantees Act 1993? 11. I find that the provisions of the Consumer Guarantees Act 1993 (‘CGA’) do not apply because I do not consider that AI and YK were acting ‘in trade’ when they agreed to install the kitchens and are therefore not a ‘supplier’ under the definition in the CGA. The context of the arrangement was, as ten...

2. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 Did JF Ltd carry out its service with respect to the laying of coping at the pool edge with reasonable care and skill? 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. HK and QK were originally advised by [pool company...

3. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

   ...Was the work carried out with reasonable care and skill? b. If not, what remedy is available? Was the work carried out with reasonable care and skill? 7. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 8. KH’s view was that J Ltd had failed in two separate ways, firstly, by replacing the headlight bulb with a mismatched colou...

4. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...available to CL and NN? Would the water damage evident in the sub-floor area in 2023 have been visible/discernible to B Ltd’s BT in 2016 if he had carried out his inspection with reasonable care and skill? 7. 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). 8. I find that it has not been established on...

5. BP v G Ltd [2023] NZDT 38 (20 January 2023) [pdf, 203 KB]

   ...12. The hearing took place on 23 December 2022 at the Kaikohe Court. BP appeared in person. NP, representing G Ltd, attended by phone. CI0301_CIV_DCDT_Order Page 2 of 4 13. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider will exercise reasonable care and skill. 14. BP also referred to, and placed significant emphasis on, the responsibili...

6. CI v KH Ltd [2024] NZDT 486 (18 June 2024) [pdf, 198 KB]

   ...repair the May 2023 work? Did ET carry out the ‘wrong’ repair in May 2023? Is there any evidence that it did not carry out it’s assessment and repair 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. I am unable to find, on the balance of probabilities, that ET ca...

7. SS v SH [2022] NZDT 230 (29 November 2022) [pdf, 113 KB]

   ...decide are: (a) what were the terms of the parties’ agreement; and (b) having regard to those terms, what is a reasonable price for the total job. The law [12] The parties’ agreement is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees that services supplied by traders to consumers will be carried out with reasonable care and skill. If a price for the services is agreed, that price will be payable, but if no price is set by the parties,...

8. OH v T Ltd & Ors [2024] NZDT 570 (10 July 2024) [pdf, 201 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 570 APPLICANT OH RESPONDENT T Ltd SECOND RESPONDENT M Ltd THIRD OR SUBSEQUENT RESPONDENT ST The Tribunal orders: T Ltd is to pay OH the sum of $26,320.25 on or before 2 August 2024. Reasons: 1. OH planned to renovate his home and engaged T Consultants to perform a pre-demolition survey. The survey confir

9. BC v TH Ltd [2024] NZDT 658 (16 August 2024) [pdf, 193 KB]

   ...installed solar system and this caused the collapse of all four batteries, she is entitled to recover the cost of replacing these batteries from the respondent. [15] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (CGA) because the goods supplied by the respondent to the applicant were of a kind ordinarily acquired for personal use. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees containe...

10. FP v T Ltd [2023] NZDT 635 (17 November 2023) [pdf, 186 KB]

    ...complete this and he didn’t. Subsequently, when he did arrange for it to be done, the contractor he sent out formed the opinion that due to the state of the lawn that, it needed to start over. If not, is FP entitled to claim $4,132.00 9. Under the CGA, if the services are not provided with reasonable care and skill, and the supplier is unable or unwilling to remedy the failure within a reasonable time, then the consumer is entitled to have the failure remedied elsewhere and recover f...