Search Results

1. HC v T Ltd [2022] NZDT 214 (14 November 2022) [pdf, 106 KB]

   ...entitled to? 5. T Ltd did not attend the hearing and the hearing proceeded without it pursuant to section 42 of the Disputes Tribunal Act 1988. Is the Smartwatch of an acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee that goods will be of an acceptable quality. Section 7 of the CGA provides that goods are of an acceptable quality if they are fit for all the purposes for which goods of that type are commonly supplied, acceptable in a...

2. EV v UE Ltd 2017 [NZDT] 1015 (1 June 2017) [pdf, 100 KB]

   ...stating she and her family have no confidence in the proposed repair given the materials used in the construction of the suite and the break in the frame that they have already experienced. Issues • Does the Consumer Guarantees Act 1993 (‘CGA’) apply? • Does the lounge suite meet the guarantee of acceptable quality provided for in sections 6 and 7 of the CGA? • Is any failure of guarantee a failure of substantial character? • Is EV entitled to the reme...

3. DD v T Ltd [2024] NZDT 318 (15 May 2024) [pdf, 124 KB]

   ...$395.00 being a refund of the membership credit balance of $350.00 and the $45.00 Disputes Tribunal fee. 3. The issue to be determined is whether DD is entitled to the sums? 4. The common law of contract and the Consumer Guarantees Act 1993 (CGA) apply. 5. For a contract to be enforceable there must be agreed terms. In a consumer purchase, the statutory guarantees in the CGA also apply. So, unless there is a failure of a statutory guarantee under the CGA which can’t be remed...

4. DQ v UP [2022] NZDT 211 (9 December 2022) [pdf, 172 KB]

   ...contribute those health issues? (c) Is DQ entitled to a remedy and, if so, what costs can he recover and is the amount claimed proved and reasonable? Does the Consumer Guarantees Act 1993 apply? 7. The Consumer Guarantees Act 1993 (“the CGA”) implies certain guarantees into contracts for the sale of goods supplied by suppliers in trade to consumers. The term “trade” is defined in s 2 of the CGA as “any trade, business, industry, profession, occupation, activity of...

5. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

   ...and that the matter had been settled by agreement on 30 March 2022. 12. J Ltd and the BL and KL argue that QT would have been allowed to do remedial work if there had only been a small amount required. 13. The Consumer Guarantees Act 1993 (CGA) applies. 14. The issues are: Did QT comply with his obligations under the CGA? Did the BL and KL comply with their obligations under the CGA? Was there a settlement agreement between the parties in March 2022? Did QT comply with hi...

6. ET v T Ltd [2023] NZDT 109 (1 March 2023) [pdf, 204 KB]

   ...consequence of a fault / defect with the phone itself, and not due to any careless handling by ET. 16. ET’s claim seeks a refund of the purchase price, and compensation for inconvenience. 17. The relevant law is the Consumer Guarantees Act 1993 (CGA). 18. Section 6 CGA states that where goods are supplied to a consumer, there is a guarantee that the goods must be of acceptable quality. 19. Section 7 CGA defines acceptable quality as follows: Goods are of acceptable quali...

7. UW v GC Ltd [2024] NZDT 245 (17 March 2024) [pdf, 117 KB]

   ...for parts from [overseas], GC Ltd decided to go ahead and order the parts despite UW’s demand to stop work. 12. 4 September 2023, GC Ltd’s lawyer sent a letter to UW regarding his demands and his claims under the Consumer Guarantees Act 1993 (CGA). UW was advised that GC Ltd was ready and willing to repair the engine as per its right to remedy under that Act. UW agreed to the repairs the following day. 13. On 22 September 2023, UW contacted GC Ltd and repeated his demand for...

8. EW Ltd v UD & UDD 2017 [NZDT] 1010 (17 May 2017) [pdf, 154 KB]

   ...were invoiced separately on each occasion, the transactions have been treated separately and it was discussed with the parties at the first hearing, that while EW Ltd is a 'consumer' for the purposes of the Consumer Guarantees Act 1993 (CGA) in relation to the CCTV cameras (because CCTV cameras are goods which are 'personal, domestic and household in nature' and the parties did not contract out of the CGA), a POS system does not meet the definition of 'goods&#...

9. CL & HD v T Ltd & S Ltd [2023] NZDT 72 (14 February 2023) [pdf, 223 KB]

   ...workmanship issues caused by its employees and contractors. Was the roofing work that was done by S Ltd carried out with reasonable care and skill? / Was the roofing work fit for purpose? 5. The provisions of the Consumer Guarantees Act 1993 (CGA) apply. Under the CGA where services are supplied to a consumer (CL and HD are consumers for the purposes of the CGA) there is a guarantee that the service will be: a. Carried out with reasonable care and skill. b. Reasonably fit f...

10. BT v T Ltd [2024] NZDT 417 (16 May 2024) [pdf, 237 KB]

    ...are: a. Did the lights correspond to their description by XX at the time of sale? b. If so, what remedy is appropriate? Did the lights correspond to their description by XX at the time of sale? 3. There has been a breach of section 9 of the CGA in relation to the pair of [lamps] because there is not sufficient evidence to support the description of the pair of [lamps] as being “by [TN]”. The claim in relation to the two pendant lights is dismissed. 4. The Consumer Guaran...