Search Results

1. D Ltd v JD & WD [2022] NZDT 174 (3 November 2022) [pdf, 154 KB]

   ...their products. 6. D Ltd cannot be liable under the Fair Trading Act for conduct of the manufacturer (as above) and I find that D Ltd’s involvement is most appropriately considered under the provisions of the Consumer Guarantees Act 1993 (‘CGA’), as below. 7. I note that Mr JD opted not to take an adjournment to have HI joined to his counter-claim in order to advance his FTA arguments against them. Has there been a failure of guarantee by D Ltd under the Consumer Guarant...

2. FQ & TZ v QM [2022] NZDT 77 (8 February 2022) [pdf, 105 KB]

   ...determined are: • Was a binding agreement to cancel reached by the parties in early January 2022? • If not, are FQ and TZ entitled to cancel the contract and obtain a full refund according to the provisions of the Consumer Guarantees Act 1993 (CGA)? • What refund, if any, is payable? CI0301_CIV_DCDT_Order Page 2 of 4 Was a binding agreement to cancel reached by the parties in early January 2022? 6. I find that QM’s January 2021 email response to the couple’s Octob...

3. IV v O Ltd [2024] NZDT 305 (8 April 2024) [pdf, 188 KB]

   ...evidence provided by O Ltd that the rehandling was expertly supervised in the same way that the initial packing was. If so, does the Consumer Guarantees Act 1993 apply to the carriage of goods? 12. IV said that the Consumer Guarantees Act 1993 (CGA) applies to the claim because the act does not mention the CCLA anywhere or the carriage of goods and that to her knowledge parties to a contract cannot contract out of the CGA. 13. IV said that because the items were broken, it has be...

4. QM v QU Ltd [2021] NZDT 1673 (11 October 2021) [pdf, 117 KB]

   ...phone was of acceptable quality; (b) If not, whether QM is entitled to a refund of the purchase price and/or the cost of delivery. CI0301_CIV_DCDT_Order Page 2 of 4 Was the phone of acceptable quality? 11. The Consumer Guarantees Act (CGA) applies to this transaction because the phone, including the software on it when it was sold, is defined as a “good” in the CGA. QU is a “supplier” as defined in the CGA, and QM is a “consumer”. 12. There is a guarantee i...

5. Q Ltd v S Ltd [2023] NZDT 772 (13 December 2023) [pdf, 158 KB]

   ...payment of $685 for the third party’s repair or to a refund of $741.19? c. Is RX entitled to payment of $632.50 for the dyna tune? CI0301_CIV_DCDT_Order Page 2 of 4 Did TT provide a service that was fit for purpose? 8. The CGA implies certain guarantees when goods and services are supplied by a supplier to a consumer in trade including that the services will be carried out with reasonable care and skill (s28 of the CGA), and the services and any product resulting f...

6. DZ v VA, VAV Ltd & VAVU Ltd [2016] NZDT 921 (9 June 2016) [pdf, 86 KB]

   ...entitled to cancel her contract? c) If so, is VAVU Ltd liable to refund to DZ the cancellation fees that VAV Ltd have deducted? Did VAVU Ltd supply its services with reasonable skill and care? [4] Section 28 of the Consumer Guarantees Act (CGA) provides that suppliers of services must provide their service with “reasonable skill and care”. [5] I find that VAVU Ltd did not provide its services to DZ with reasonable skill and care. VAVU Ltd’s representative agrees that the...

7. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [pdf, 130 KB]

   ...percent It further states “A student withdrawing after eight days will not be entitled to a refund, unless exceptional circumstances are proven”. Of course, this is a contractual term and the provisions of the Consumer Guarantees Act 1993 (CGA) are also relevant, beyond that contractual 8-day period. [3] Mr ER claims that exceptional circumstances exist in that he was not able to understand his lecturer’s English due to a strong accent, that his teaching style was not easy to...

8. FU v KT & G Ltd [2023] NZDT 431 (5 September 2023) [pdf, 180 KB]

   ...$8,900.00 for a refund of the price of the car. 3. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to the sale? b. If so, was the car of acceptable quality? c. If so, what remedy is FU entitled to under the CGA? Does the Consumer Guarantees Act 1993 apply to the sale? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA applies to consumer contracts where the supp...

9. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 107 KB]

   ...available to a purchaser is different according to whether they buy privately or whether they purchase from either a registered motor vehicle trader or another seller who is ‘in trade’ for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). [6] Ms RR does not sell enough vehicles per year to be required to be registered as a motor vehicle trader, but she does sell several vehicles per year for the purpose of making a profit, therefore she is selling ‘in trade’, as a...

10. AGN v ZVH, ZVG and ZVF Ltd as trustees of LN Trust [2013] NZDT 467 (23 July 2013) [pdf, 57 KB]

    ...conclusion: (i). On the substantial merits of the case, what should be ordered? Law [8] Because the laying of vinyl is a service ordinarily acquired by a consumer for personal, domestic or household use, the Consumer Guarantees Act 1993 (CGA) applies. Decision Was the service carried out with reasonable care and skill? (s 28 of the CGA) [9] No. AGN relied on quantities determined by another party and found themselves with insufficient vinyl when additional supplie...