Search Results

1. B Ltd v UE & SE [2023] NZDT 517 (2 October 2023) [pdf, 187 KB]

   ...nature of the services, reasonable consumer expectations and particular circumstances are all relevant. 11. Having given careful consideration to the evidence from the parties, I find that the applicant was in breach of the guarantees for the CGA as the services were not provided with reasonable care and skill, and the concept plans were not fit for the particular purpose made known by the respondents for the following reasons. (a) The applicant relied the original house plans/de...

2. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

   ...included the following: a) As a business dealing with the public, VH Ltd has a duty of care to be aware of BEC fraud and to take precautions against it and to warn its customers. This duty arises out of s28 of the Consumer Guarantees Act 1993 (CGA), which states that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill. b) VH Ltd’s cybersecurity is entirely in their hands and under the control of themse...

3. LB & TB v BU Ltd [2024] NZDT 612 (29 August 2024) [pdf, 105 KB]

   ...issues for me to consider are: a. Was the cabin of acceptable quality? b. If not, what remedy is available? Is the cabin of acceptable quality? 3. I find that the cabin is of acceptable quality. 4. The Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer there is a guarantee that the goods will be of acceptable quality which means that the goods must be durable, free from minor defects, and the goods must be fit for all the purposes for...

4. KD & DF v L Ltd [2024] NZDT 775 (20 August 2024) [pdf, 142 KB]

   ...Therefore, the parties were unable to come to an agreement about a way forward, and the applicant’s claim was filed. Was the work carried out with reasonable care and skill? 18. In considering this question, the Consumer Guarantees Act (“the CGA”) imposes into the contract between the applicant and the respondent, a guarantee that the work will be carried out with reasonable care and skill. 19. At the hearing, the respondent submitted strongly that its obligation was to co...

5. TD v TC & PC [2021] NZDT 1628 (30 June 2021) [pdf, 246 KB]

   ...services to TC and PC with reasonable care and skill? 11. On the evidence available I am not able to make a finding that TD failed to provide a reasonable education to EC during terms one and two of 2020. 12. The Consumer Guarantees Act 1993 (the CGA) provides that where a service is provided to a consumer there is a guarantee that the service will be provided with reasonable care and skill 13. TC and PC say that TD failed to use reasonable care and skill to provide education to...

6. NP v KT [2021] NZDT 1706 (12 October 2021) [pdf, 243 KB]

   ...16. Accordingly I find that KT has removed 11 trees without NP’s authority or consent. Under NP’s claim: Did KT carry out work with reasonable care and skill? CI0301_CIV_DCDT_Order Page 3 of 6 17. The Consumer Guarantees Act 1993 (CGA) provides a guarantee that work will be completed by a supplier in trade with reasonable care and skill (section 28). The standard applying to this guarantee is that of an ordinary supplier supplying a service. 18. NP says KT cut the hedge...

7. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...special primer to be used. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. If the contract specifies a particular product, then the supplier is liable for any losses resulting from the incorrect product being used. The CGA also provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill (s 28). Was the incorrect product used? CI0301_CIV_DCDT_Order Page 2 of 5 7. OQ provided an invoice dated 5 N...

8. TM v BC Ltd [2023] NZDT 774 (7 December 2023) [pdf, 195 KB]

   ...any of his emails to BC, or in the claim, of him being aware that only the top half of the engine had been replaced. However, TM confirmed he had been told this before he left BC with his vehicle. 10. Section 32 Consumer Guarantees Act 1993 (“CGA”) provides that, where any failure can be remedied, the consumer must request the supplier to remedy any such failure within a CI0301_CIV_DCDT_Order Page 3 of 4 reasonable time. If a consumer fails to provide this opportunity to reme...

9. DS v XT & UT [2023] NZDT 733 (17 December 2023) [pdf, 205 KB]

   ...company in trade. If that were found to be the case then, as tree pruning services are services ordinarily acquired for personal or domestic use or consumption then DS would be a consumer as defined in s.2 of the Consumer Guarantees Act 1993, the CGA. Then the guarantees of reasonable care and skill, fitness for purpose and reasonable price would apply to those services. 6. DS disputes knowing of the existence of S Ltd let alone entering into a contract with it. While the law of age...

10. DO Ltd v VL [2014] NZDT 426 (11 February 2014) [pdf, 142 KB]

    IN THE DISPUTES TRIBUNAL [2014] NZDT 426 BETWEEN DO LIMITED APPLICANT AND VL RESPONDENT Date of Order: 11 February 2014 Referee: Referee Paton-Simpson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that VL is to pay $770.00 to DO Limited on or before 19 February 2014. Facts [1] VL engaged DO Limited (“ABC”) to value two lifestyle blocks one was in Z Road, which she was selling and the other in Y Road, which s