Search Results

1. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

   ...then cancelled it on 30 November 2023. The booking was to be from 30 December to 1 January. NS and his family had to find alternative accommodation but not in [Town] but a long way inland at [alternative accommodation]. 2. NS is claiming: Consequential losses of: a. Accommodation expenses (the difference in price between TN’s bach and the alternative accommodation) - $155.70. b. Travel expenses (the travel difference to go back and forth from the alternative accommodation...

2. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...ongoing costs of treating the problem in question. The respondent says that as soon as she was contacted by the applicant with respect to the problem that has lead to this claim, a refund was offered (by telephone). 4) The relevant law is the Consumer Guarantees Act 1993; in particular, the guarantee [s.6] that a good supplied to a consumer should be of ‘acceptable quality.’ The issues to be determined by the Tribunal are: a) Is the dog sold by the respondent to the applicant...

3. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...acceptable quality? b. If not, was it remedied within a reasonable time? c. If the failure was not remedied, can LG reject the spa pool and obtain a refund? CI0301_CIV_DCDT_Order Page 2 of 4 Was the spa pool of acceptable quality? 7. The Consumer Guarantees Act 1993 (“CGA”) applies when goods are supplied to a consumer in trade. I am satisfied that OE was “in trade” for the purposes of the CGA as LG described him as undertaking a business of buying old spa pools,...

4. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...refund as well as consequential losses, including third party installation costs and damage to her belongings - her claimed losses exceed $15,000.00 and she has reduced her claim to $14,999.00. 4. The issues to determine are: • Does the Consumer Guarantees Act 1993 (‘CGA’) apply? • Does the cabin meet the guarantees for goods in the CGA? • Is any failure of guarantee a failure of substantial character? • What remedy, if any, is available to Ms S? Does the...

5. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...invoice. 2. J Ltd claims the sum of $6,790.75 for the outstanding invoice. 3. PE Ltd counterclaims for a declaration of non-liability for the sum of $6,790.75 plus filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product?...

6. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...any consequential losses UUL may have to pay. I determined in that claim (CIV 20 094 321) that HM must pay the full amount of BTO’s invoice being $748.00. Whether the tub is of acceptable quality/fit for purpose 7. The provisions of the Consumer Guarantees Act 1993 (CGA) apply. UUL is in trade (as a supplier of hot tubs and other consumer goods) and the hot tub is of a kind ordinarily acquired for personal, domestic, or household use or consumption. HM is therefore a “consumer...

7. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   ...fillings. TD says the work was not done with reasonable care and skill and was not fit for purpose. TD seeks an order that E Ltd is liable to pay her damages of $13,425.00. 2. The issues to be resolved are: a. Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? b. If so, what remedy is appropriate? Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? 3. I find that it is most likely that the dental work undertaken by E Ltd in relation to four...

8. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

   ...skill and was the roof fit for purpose? b. If not, what is the remedy? c. If so, how much is owed under the contract? Did US Ltd carry out the roofing work with reasonable care and skill and was the roof fit for purpose? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any disc...

9. NT v J Ltd [2023] NZDT 489 (26 September 2023) [pdf, 183 KB]

   ...be determined are: a. Did the company carry out the services with reasonable care and skill? b. If not, what sum, if any, must the company pay? Did the company carry out the services with reasonable care and skill? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 5. There was no dispute that the bus departed [Town 2] with...

10. VL v U Ltd & LF Ltd [2023] NZDT 671 (6 December 2023) [pdf, 114 KB]

    ...However, I am satisfied that prior to it being taken to LF Ltd for repair, it did not suffer from this particular problem with the flexiplate, and that it is more likely than not that this issue was caused by the work LF Ltd did on the car. 16. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers that services they receive must be provided with reasonable care and skill, and that they must be fit for purpose. Reasonable skill refers to the technical know-how required...