Search Results

1. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts between consumers and traders providing goods and/or services. Failure to, for example, provide services with reasonable care and skill is a breach of the Act for which the consumer may claim remedies....

2. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [pdf, 196 KB]

   ...that the investigation into the incident with the Ferry on 28 January 2023 is still continuing and he was therefore not in a position to comment on the incident, so L Ltd accepts liability to BX and HX under the Consumer Guarantees Act 1993 (“the CGA”), and the only aspect of the claim that is disputed is the amount of compensation. Therefore, the issue of liability is accepted by L Ltd, and the issue for me to determine is what a CI0301_CIV_DCDT_Order Page 2 of 5 fair remedy w...

3. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...raised was whether the contract was subject to the consumer remedies for residential building work (Part 4A) under the Building Act 2004. Section 362C of that Act provides that nothing in that part derogates from the Consumer Guarantees Act 1993 (CGA). Therefore, if the claim and counterclaim are addressed under the CGA, there is no need to determine the extent to which the consumer remedies for residential building work apply. 6. It is also noted that at the hearing there was discuss...

4. EB v UY [2015] NDT 867 (11 December 2015) [pdf, 81 KB]

   ...$300.00 for the cost of the consultant’s report. Issues [5] The issues to determine are: A. Did UY carry out his services with reasonable care and skill and is the finished product of acceptable quality as per the Consumer Guarantees Act 1993 (CGA)? B. What remedy, if any, is available to EB? C. What are the reasonable costs to remedy and any reasonably foreseeable losses Did UY carry out his services with reasonable care and skill and is the finished product of acceptable q...

5. DN v WM Ltd & FN Ltd [2023] NZDT 785 (10 November 2023) [pdf, 85 KB]

   ...satisfied that all evidence was appropriately traversed and discussed in the hearing. Did the respondents breach the guarantees as provided in the Consumer Guarantees Act 1993? 7. This claim concerns a contract for the supply of services. The CGA implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 8. Section 28 of the CGA provides that a supplier of services must exercise reasonable...

6. AFG and AFH v ZUO [2013] NZDT 351 (17 November 2013) [pdf, 56 KB]

   ...no liability as AFG and AFH requested a powder-coated fence for their pool. [6] If there had not been any other involvement by ZUO Ltd, I would have found a possible defence under s 8(2)(a) of the Consumer Guarantees Act 1993 (“CGA”) that the circumstances show that the consumer was not relying on the supplier’s skill or judgement. [7] However, while it is true that a powder-coated fence was requested significantly prior to giving a quote for the fence, ZUO L...

7. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...Has M Ltd provided services with reasonable care and skill? 10. Contract law recognises contracts can have terms expressly agreed between the parties, and terms which are implied into the contract by law. The Consumer Guarantees Act 1993 (“CGA”) has terms relevant to this contract, because the CGA implies minimum standards (guarantees) where goods and services are supplied in trade to consumers. It also provides a scheme of remedies when those guarantees are breached. Section 2...

8. TG v NNI [2022] NZDT 139 (15 September 2022) [pdf, 229 KB]

   ...provides that the Tribunal has jurisdiction to hear a claim in tort for damage to property, and here the claim is for damage to a person. 4. If the transaction was of a professional nature, 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. Section 2 of the CGA provides that trade means any profession or undertaki...

9. TS v L Ltd [2023] NZDT 530 (10 October 2023) [pdf, 213 KB]

   ...seeks compensation of $5,500.00. 15. The hearing took place by phone on 26 September 2023. Findings 16. L Ltd act as a broker, marketing and selling boats on behalf of private individual owners. 17. The Consumer Guarantees Act 1993 (“CGA”) applies if a person who is in trade supplies goods of a type that are ordinarily acquired for domestic of household use. 18. In Walters v Taylor Marine Ltd1, a case involving a claim against a boat broker, the High Court held that...

10. LC v TL and UB Ltd t-a HE [2021] NZDT 1668 (22 October 2021) [pdf, 150 KB]

    ...immediate denture of acceptable quality? b. Was the conventional denture of acceptable quality? c. If not, is LC entitled to $2,502.00? Was the immediate denture of acceptable quality? 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides that where goods are supplied to a consumer there is a guarantee that they are of acceptable quality. Section 7 provides that goods are of ‘acceptable quality’ if they are fit for all the purposes for whic...