Search Results

1. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...c. If not, what is the appropriate remedy? Can the Applicants make a claim under the Consumer Guarantees Act 1993 or negligence? 3. I find that the Applicants are entitled to make a claim pursuant to the Consumer Guarantees Act 1993 (“the CGA”). 4. Where services are supplied to a consumer by a supplier, section 28 of the CGA states that there is a guarantee that the service will be carried out with reasonable care and skill. This codifies the law of negligence. 5...

2. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 32 KB]

   ...extent of providing legal advice. I make reference to this issue now in order to explain the manner in which I have set out the relevant law. [14] This claim is based in the tort of negligence and on the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides consumers with a right of redress against suppliers and manufacturers in respect of any failure of goods or services to comply with the guarantees provided under the CGA. There is no dispute that the liquid...

3. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...professionally recommended treatment, the costs of which have so far amounted to some $14,000 and which are projected to cost a further $10,000. These costs together with the purchase price are now claimed from SX under the Consumer Guarantees Act 1993 (the CGA) or, alternatively, under the Contract and Commercial Law Act 2017 (the CCLA). 3. Upon discovering the issues with [dog], ET and HT communicated with SX who has declined to provide or contribute to a remedy. 4. The issues...

4. FQ v T Ltd [2022] NZDT 248 (24 November 2022) [pdf, 103 KB]

   ...the original delivery of the caravan and then its subsequent return to T Ltd in [City 1]. 3. The issues I need to decide are: a) Has T Ltd failed to comply with the guarantee for the supply of goods under the Consumer Guarantees Act 1993 (CGA) that the caravan was of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 b) Is FQ entitled to be paid by T Ltd for the transport costs of the original delivery of the caravan and then its subsequent return to [City 1]? Ha...

5. BD v EX [2022] NZDT 293 (10 August 2022) [pdf, 152 KB]

   ...issues for determination are: a) Did EX use reasonable care and skill when constructing the deck? b) What is the remedy? Did EX use reasonable care and skill when constructing the deck? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 CGA provides a guarantee that where services are supplied by someone in trade to a consumer, that they will be provided with reasonable care and skill. For BD to succeed they must show on the balance of probabilities that EX...

6. DQ v S Ltd [2023] NZDT 61 (17 January 2023).pdf [pdf, 184 KB]

   ...Did the respondent agree to replace the umbrella with a different model? c. What remedy, if any, is available to the applicants? Is the umbrella of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 4. The Consumer Guarantees Act (CGA) applies because the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the CGA says that there is a guarantee that goods supplied in trade will be of acceptable quality. Section 7 o...

7. DT v N Ltd [2023] NZDT 178 (3 May 2023) [pdf, 185 KB]

   ...the Tribunal to consider are: (a) Whether the umbrella was not of acceptable quality; (b) If so, whether DT is entitled to reject the umbrella and receive a refund. Was the umbrella not of acceptable quality? 5. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that goods supplied to a consumer are of acceptable quality. To be of acceptable quality the goods must be durable and fit for purpose. The consideration of whether the goods are of acceptable qual...

8. BC v KG [2021] NZDT 1592 (4 August 2021) [pdf, 178 KB]

   ...care and skill in the circumstances? 3. Although KG now has a company, I am satisfied at the time of the original contract he was only trading personally and he is the appropriate respondent to the claim. 4. The Consumer Guarantees Act 1993 (CGA) applied to the work KG was doing as I am satisfied the laying of concrete for a concrete pad was work of a kind ordinarily acquired for personal, domestic or household use, even if it was work occurring at premises used commercially given...

9. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

   ...to be resolved are: (a) was the quoted price for the transportation of all goods, or limited to one 20” container? (b) If the quote was only for one container, has the company breached any duty of care owed under the Consumer Guarantees Act 1993 (CGA) in the manner in which it supplied its services? (c) If so, what loss can be recovered? Was the quoted price for the transportation of all goods, or limited to one 20” container? 6. I find that the quoted price in the contract was...

10. FU Ltd v TB Ltd [2020] NZDT 1394 (4 March 2020) [pdf, 104 KB]

    ...a nature that symptoms would have been noticeable during a WOF check 9 days earlier? • What remedy, if any, is available to FU? Is FU a consumer and TB a supplier under the Consumer Guarantees Act 1993? 5. TB is a supplier under the CGA in this case because the definition of supplier extends to situations where there is no direct contract between the consumer and the person/company providing the service. Even though FU is in trade, it is the nature of the service that deter...