Search Results

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

   ...the screen failure was a 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: Goo...

2. NT v D Ltd [2023] NZDT 299 (24 May 2023) [pdf, 186 KB]

   ...who is the director and sole owner of D Ltd. GT says he has over 20 years’ experience in the dry-cleaning business. He says he cleaned the jacket himself. Did D Ltd provide the cleaning service with reasonable care and skill? 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied to a consumer (NT is a consumer for the purposes of the CGA) there is a guarantee that the service will be carried out with reasonable care and skill. 6. GT says he uses a Union d...

3. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 107 KB]

   ...trade’? [5] The level of protection available to a purchaser is different according to whether they buy privately or whether they purchase from either a registered motor vehicle trader or another seller who is ‘in trade’ for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). [6] Ms RR does not sell enough vehicles per year to be required to be registered as a motor vehicle trader, but she does sell several vehicles per year for the purpose of making a profit, theref...

4. ZC v NU Ltd [2018] NZDT 1481 (2 August 2018) [pdf, 195 KB]

   ...the service provided with reasonable care and skill, and fit for the purpose? b) What sum, if any, must NU pay to ZC? Was the service provided with reasonable care and skill, and fit for the purpose? 4. The relevant law is contract law and the Consumer Guarantees Act 1993 (CGA). Section 28 of the 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. Section 29 of the CGA provides that servi...

5. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...for the particular purpose? b. If not, what is the remedy? Did ME exercise reasonable care and skill when he produced the pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is...

6. DI v VR Ltd [2015] NZDT 865 (10 December 2015) [pdf, 126 KB]

   ...collected the boots after the attempt she says they were in an even worse state. [4] DI therefore claims a refund for the re-soling service of $35.00 and consequential losses, being the replacement cost of the velvet boots of $700.00, under the Consumer Guarantees Act (CGA). She also claims the Tribunal filing fee. Issues [5] The issues to determine are: a. Was the damage to the boots caused by AA and if so, have they breached the CGA guarantee of carrying out services with rea...

7. HLL Ltd v RO [2018] NZDT 1133 (6 July 2018) [pdf, 88 KB]

   ...carried out with reasonable care and skill; b. If not, whether the failures were substantial; c. If so, how much is owing under the contract? Was the roofing work carried out with reasonable care and skill? [6] By virtue of s28 of the Consumer Guarantees Act 1993, the work on the roof was required to be carried out with reasonable care and skill. [7] Having considered all the evidence of both parties to be presented about the matter, and had the benefit of hearing the...

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

   ...is therefore liable for any 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 ski...

9. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [pdf, 242 KB]

   ...3. The issues to be resolved are: (a) Did the Facebook advertisement accurately describe A for the purposes of the Fair Trading Act 1986? (b) Was A of “acceptable quality” and “fit for purpose” as those terms are defined in the Consumer Guarantees Act 1993? (c) If not, are the breaches substantial? (d) If so, is Ms D able to reject the pony and get a refund, plus consequential losses? Did the Facebook advertisement accurately describe A for the purposes of the...

10. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

    ...along with an additional $14,000.00 for distress, inconvenience and time spent having to deal with this matter, including the insurance claim. The total amount sought was $25,000.00. 7. The issues the Tribunal has to consider are: a. Does the Consumer Guarantees Act 1993 (“CGA”) apply and if yes, has OW Ltd breached the CGA by failing to provide its services with reasonable care and skill? b. If the CGA applies, is NQ entitled to a refund of the amount paid for the servic...