QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]
...actual knowledge of the consumer’s purpose (because it is a common purpose) there is no need for an express notification of the consumer’s expectation that the service will be fit for that common purpose. 13. Where the failure is independent of human control, the consumer has no right of redress (s 33 CGA). Was L Ltd entitled to cancel the contract? 14. L Ltd says it fulfilled its obligations under the contract when it cancelled the booking. It says conditions 6.1, 14.1 and 15....