Search Results

1. 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...

2. 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?...

3. 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...

4. 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...

5. ET & DT v CP Ltd [2022] NZDT 222 (29 November 2022) [pdf, 97 KB]

   ...responsible for the return of the cabin to CP Ltd? CI0301_CIV_DCDT_Order Page 2 of 3 Are ET and DT entitled to the cost incurred to transport the cabin from Logistics Depot to [Suburb]? 6. The law that applies here is found in the Consumer Guarantees Act 1993 (the Act). That Act creates a number of statutory guarantees upon the supplier of goods to a consumer, including the guarantee that the goods will be of acceptable quality. This includes a requirement that the pack...

6. 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...

7. 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...

8. 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...

9. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...negative feedback on [online platform]. 3. At that point, the respondent said they would only assist with the problem once the negative feedback was removed. In taking this stance, the respondent failed to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) to remedy a failure when given the opportunity to do so. 4. As the respondent did not remedy the failure within a reasonable time, the applicant is entitled to reject the goods and obtain a refund as per t...

10. ACX and ACY v ZXC Ltd [2013] NZDT 208 (11 July 2013) [pdf, 76 KB]

    ...we have not heard directly from him about his movements between 12 am and 1.30 am. ACX’s taxi receipt confirms an end time of 1.30 am. Was ZXC Ltd’s service carried out with reasonable care and skill? [4] Under the provisions of the Consumer Guarantees Act 1993, I find that ZXC Ltd’s service was not carried out with reasonable care and skill. The service charge of $65 was for 13 days of secure parking as well as shuttle transfers, the shuttle transfers being an inheren...