Search Results

1. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...provided by the absent party. I confirm that I have read those submissions and evidence and taken them into account before making any decision. Is the pergola fit for purpose? 10. The installation of the pergolas is covered by the warranties in the Consumer Guarantees Act 1993 (CGA). These warranties require the installation of the pergola to be ‘fit for purpose’ and completed with ‘reasonable skill and care.’ These warranties are the same as those in s362I (1)(b)(i) and (1)(...

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

   ...WS concluded that a different product, ‘[Product 2]’ had been used. [Product 1] is a penetrating product, whereas [Product 2] sits on the surface of the timber and requires a 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 contract...

3. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...Page 3 of 7 Was the boat of acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in s...

4. SC v RG [2020] NZDT 1560 (4 May 2020) [pdf, 239 KB]

   ...bank) will require prospective borrowers to disclose their debts before the financial institution will approve a loan. If other borrowings are over a certain amount the financial institution might not lend the full amount. Lending is more robust for consumer loans (which Mr and Mrs G’s loan from the [bank] would have been) since the introduction of the responsible lending rules under the Credit Contracts and Consumer Finance Act 2003 in June 2015. 9. Even considering the [bank] lette...

5. Regulatory Impact Statement improvements to district court rules [pdf, 66 KB]

   ...Rules Executive summary 1. The District Courts Rules 2009 (the Rules) prescribe pre-court procedural steps that require parties in civil cases to exchange lengthy court forms before their case comes before a judge. These requirements are time-consuming and can make limited contribution to resolving a case. 2. This RIS reviews three options for addressing these problems: A. retaining the status quo; B. adopting the High Court Rules; or C. adopting a modified version of the Dis...

6. FR v TI [2019] NZDT 1145 (12 April 2019) [pdf, 80 KB]

   ...reasonable care, and to ensure it is fit for purpose? (b) If not, is any sum due to the company? Has the company provided its service with reasonable care, and in a manner that is fit for purpose? [6] The company is providing a service to which the Consumer Guarantees Act 1993 applies. Consequently, the company is required to ensure that it carries out its services with reasonable care and skill (s28), and in a manner that results in a product that is fit for purpose (s29)....

7. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...misleading conduct or misrepresentations. Based on the conduct of Mr Crowther leading up to the purchase of the dwelling, the claimants seek an order against Mr Crowther pursuant to section 43(2)(d) of the FTA for: Remedial costs $309,319.88 Consequential costs $ 68,913.90 Less settlement - $212,500.00 Sub-total $165,733.78 General damages $ 25,000.00 Total $190,733.78 Page | 9 [21] Mr Wilson, a registered building surveyor and a director of Maynard...

8. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...proper person. The judgment of the Court is to be made in the interests of the community having regard for the legal profession. [17] We accept that this principle is equally applicable to licensing decisions under the Act which is a piece of consumer legislation and s.3 puts its purposes as: “to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.”...

9. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...21. O Ltd and K Ltd were obliged to exercise reasonable care and skill in the services that they provided to NH and FN.1 22. There are two strands to the argument put forward by NH and FN that O Ltd and K Ltd failed to meet that standard: 1 Consumer Guarantees Act 1993, section 28 CI0301_CIV_DCDT_Order Page 3 of 6 a. That ZB unilaterally decided, or that he influenced / persuaded NH and FN to agree, to use the existing fence as the boundary line between Lot 1 and Lot...

10. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

    ...What is payable on the claim and counter-claim? Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sections 28 and 29, CGA). 8. I find tha...