Search Results

1. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...reasonable care and skill in providing its services, including any measurement, and in the inspection report it produced. This is a term reasonably implied into its contract and also applies if provided to a consumer under the Consumer Guarantees Act 1993 (CGA). b. Parties ‘in trade’ have obligations under the FTA not to engage in misleading and deceptive conduct or make false and misleading representations (with the Tribunal having jurisdiction – ss39 and 43 FTA). I accept Q...

2. KC v DG [2023] NZDT 108 (22 March 2023) [pdf, 241 KB]

   ...terms and conditions was directed primarily at the issue of interest, which is discussed below. Was the work carried out with reasonable care and skill? 14. 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. 15. The burden is on DG to show that the services by KC were not carried out with reasonable care and skill. DG said that KC cast...

3. DI v U Ltd [2023] NZDT 583 (5 December 2023) [pdf, 215 KB]

   ...need to consider: a. What did DI advise about his intended use of the bike? b. What was the mechanism of damage? c. Was the bike fit for the purpose? d. What is a reasonable outcome? Intended use 18. The Consumer Guarantee Act 1993 (CGA) implies guarantees into consumer contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for CI0301_CIV_DCDT_Order Page 4 of 6 any purpose a consumer makes known expressly or by impl...

4. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   ...on its treks. The website emphasises the personal and physical characteristics of the horses that make them suitable for trekking. 1 Sections 36 & 37, Contract and Commercial Law Act 2017 (CCLA) 2 Section 32, Consumer Guarantees Act 1993 (CGA) CI0301_CIV_DCDT_Order Page 3 of 8 24. I am satisfied that B Ltd had a duty, both as an implied term in the contract and under its obligation to exercise reasonable care and skill, to provide a horse that was reasonably suitable...

5. BX v DG & MX [2024] NZDT 378 (26 June 2024) [pdf, 109 KB]

   ...induced to enter a contract by a misrepresentation is entitled to compensation from the other party to the contract who made the misrepresentation, or on whose behalf it was made. [19] In the case of MX, the Consumer Guarantees Act 1993 (“the CGA”) and the Fair Trading Act 1986 (“the FTA) apply, as MX, as an agent, is “in trade” under both those Acts. An agent is a “supplier” under the CGA, so MX is subject to consumer guarantees, the relevant ones in this case being those...

6. U Ltd v NP [2024] NZDT 780 (4 November 2024) [pdf, 172 KB]

   ...the price of the services. Did U Ltd charge in accordance with the agreement or if no agreement, is the amount charged reasonable? 23. While I have already found that there was a breach of the FTA, this matter can also be considered under the CGA. 24. Where a service is provided to a consumer and there is no agreement between the parties as to price, s31 of the CGA means that there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable pri...

7. EX v QU [2023] NZDT 457 (18 August 2023) [pdf, 100 KB]

   ...concrete the driveway with reasonable care and skill? c) Are the parties entitled to claim against each other for the cost of attending the Tribunal? Did QU build the new lawn with reasonable skill and care? 4. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant section is s 28 -that a supplier will carry out its services with reasonabl...

8. BJ v T Ltd [2023] NZDT 82 (23 February 2023) [pdf, 143 KB]

   ...Ltd’s product presentation because the final look of installed panels does not correspond to what is advertised. 5. Although BJ mentions the Consumer Guarantees Act 1993, that legislation does not apply to the unit he bought from T Ltd because the CGA excludes ‘whole buildings’. 6. The issues to be determined are: • Does the method of fixing on the cladding breach the terms of the contract between BJ and T Ltd? • Is T Ltd liable to remedy the cladding as a defect under...

9. NX v B Association Ltd & JE [2023] NZDT 433 (15 August 2023) [pdf, 192 KB]

   ...misrepresentation by JE, the claim against JE is dismissed. Did B Association Ltd fail to carry out its inspection with reasonable care and skill? 10. The Consumer Guarantees Act applies to the contract with B Association Ltd. There is a guarantee in the CGA that a supplier of a service must carry out the service with reasonable care and skill. That means the reasonable care and reasonable skill of a competent person in the trade. 11. NX claims that B Association Ltd did not proper...

10. NO v UM [2023] NZDT 629 (21 November 2023) [pdf, 187 KB]

    ...and fit for purpose? 5. I find that the gardening services provided were provided with reasonable care and skill and fit for purpose because the section was tidied as per the quote for services provided. 6. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill, and that the services, and the product of the services, will be reasonably fit for any purpose t...