Search Results

1. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...care and skill, and in accordance with all laws and legal requirements? Was it reasonably fit for purpose? If not, was it a substantial failure? b) What sum, if any, is payable or refundable to TH? Is the cost of her structural engineering report a consequential loss? To what extent would it need to have been done anyway? CI0301_CIV_DCDT_Order Page 2 of 4 Was the work done with reasonable care and skill, and in accordance with all laws and legal requirements? Was it reasonably fit...

2. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...she had the right to inspect the cabin once installed to make sure it was all ok before making the final payment, but this is simply not what the contract provides for. In terms of inspecting the cabin, ES would always have had the protection of the Consumer Guarantees Act if she had discovered problems with the cabin after installation, and on a practical level a supplier is usually more willing to fulfil their obligations under the CGA if they have been paid (even though the obligations...

3. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...Tribunal proceedings. 7. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 9. If the prob...

4. AQ & BQ v DD Ltd [2022] NZDT 4 (11 February 2022) [pdf, 96 KB]

   ...so, does the compensation payable for this result in any sum payable by either party? Did DD Ltd fail to do work with reasonable care and skill? 4. All building work undertaken at the property was subject to the statutory warranties in the Consumer Guarantees Act 1993, one of which is that the work will be undertaken with reasonable care and skill. 5. On the evidence that could be presented at the hearing, AQ and BQ established that it was likely there were five errors made that...

5. 20240531-Local-Government-Water-Services-Preliminary-Arrangements-Bill.pdf [pdf, 285 KB]

   ...decision-making processes for establishing, joining, and amending water services council-controlled organisations; and, d. an approach to creating a financially sustainable model for Watercare.2 7. In addition to its stand-alone provisions, the Bill includes consequential amendments to the Local Government Act 2002, the Local Government (Auckland Council) Act 2009, and the Civil Defence and Emergency Management Act 2002. Consistency of the Bill with the Bill of Rights Act Section...

6. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   ...they have incurred as a result of the defective vehicle it sold to MS, which are not relevant here as it was D Ltd’s obligation to remedy the defects by repair of the defects or replacement of the goods, within a reasonable time, pursuant to the Consumer Guarantees Act 1993. CI0301_CIV_DCDT_Order Page 2 of 3 8. At the third hearing, the remaining issue of compensation was further discussed. MS now claiming she had been earning between $900.00 - $1,200.00 net per week when workin...

7. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking proces...

8. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...sensor. The issue [11] The question for me to decide is whether MH has proved that NB Ltd did not carry out its work correctly, and that she incurred further expense as a result. The law [12] The parties’ transaction is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA lays down guarantees that services supplied in trade with be carried out with reasonable care and skill, and be fit for their purpose. If the trader fails to rectify any breach of a guarantee w...

9. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...established that the semen was air freighted to CM. Any concerns about the AI process from that point lie with CM, not the company. 15. I have also had regard to concerns raised by TG about the first free return to N. The company had a duty under the Consumer Guarantees Act 1993 to provide its breeding services with reasonable care. The mare was not inseminated until after purchase (in early March), and no scan was provided to TG to establish it was in foal. In April, when TG was o...

10. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

    .................................................................................... 9 MEASURE OF DAMAGES .....................................................................................11 DAMAGES CLAIMED BY THE CLAIMANTS ..........................................................13 CONSEQUENTIAL DAMAGES ..............................................................................14 GENERAL DAMAGES ..........................................................................................