Search Results

1. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [pdf, 76 KB]

   ...issues I must decide are: a. Is the security system of acceptable quality? b. Is the monitoring service being provided with reasonable skill and care? c. Are the amounts claimed reasonable? Is the security system of acceptable quality? [4] The Consumer Guarantees Act 1993 provides protection for consumers when purchasing goods from suppliers. Section 6 of the Act requires goods to be of acceptable quality. Section 7 of the Consumer Guarantees Act states that acceptable quality m...

2. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

   ...30 August 2020. e. $6046.17 for the North Shore Cardiology Department service on 31 August 2020. f. $880.30 comprising $440.15 for each of 2 reviews on 20 September 2020 and 18 February 2021. 3. The issues to be determined are: a. Does the Consumer Guarantees Act 1993 apply? i. If so, is N Ltd liable under Consumer Guarantees Act 1993 for the breach of any guarantee concerning the original pacemaker which was supplied by N Ltd China Limited and implanted in China and any reasonab...

3. 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...

4. 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,...

5. 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...

6. 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...

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. 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...

9. 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...

10. 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...