Search Results

1. 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...

2. 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...

3. 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...

4. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...to provide an outcome that was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The...

5. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...in the context of both the claim and the counterclaim, with consideration at the end as to whether the counterclaim is made out independently of the claim. 5. As a preliminary matter, an issue raised was whether the contract was subject to the consumer remedies for residential building work (Part 4A) under the Building Act 2004. Section 362C of that Act provides that nothing in that part derogates from the Consumer Guarantees Act 1993 (CGA). Therefore, if the claim and counterclaim a...

6. MI v T Ltd [2023] NZDT 102 (10 March 2023) [pdf, 114 KB]

   ...of hearing was served to their registered office address and their PO Box number on 27 January 2023). 5. The issues to be determined are: • Did the goods supplied by T Ltd comply with the description made about them as per section 9 of the Consumer Guarantees Act 1993 (‘CGA’)? • If not, what remedy is available to MI? 6. Section 9 of the CGA states that where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the descripti...

7. TB & UB v HF [2023] NZDT 307 (8 June 2023) [pdf, 113 KB]

   ...the puppy without consultation. There was an offer of a replacement. If the puppy had been returned to her, it “would have been treated and cared for by [the respondent] appropriately or otherwise rehomed.” 4) The relevant law is the Consumer Guarantees Act 1993 (‘the Act’); in particular, the guarantee [section 6] of ‘acceptable quality.’ The issues to be determined by the Tribunal are: a) Was the puppy supplied by the respondent to the applicants of ‘acceptable...

8. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...for the purchase of the truck. KQ Ltd changed its name to KC in September 2022. 7. The agreement contained a clause signed by K, acknowledging the truck supplied was acquired in trade and that the parties accordingly agreed the provisions of the Consumer Guarantees Act (“CGA”) would not apply and that it was fair and reasonable that K’s business was bound by that clause. 8. Clause 9.1 of the agreement purported to limit any liability of V LTD for any consequential, indirect...

9. EN v T Ltd [2023] NZDT 726 (20 December 2023) [pdf, 175 KB]

   ...offered to extend the warranty on it. This replacement unit had undergone testing and inspection and it was fully capable of meeting the expected performance standards. CI0301_CIV_DCDT_Order Page 2 of 3 7. The law relating to this claim is the Consumer Guarantees Act 1993. The Act requires goods to be of an acceptable quality. If goods are not of acceptable quality then the consumer may have a remedy against the supplier and/or the manufacturer. Where goods are manufactured outs...

10. AGS v ZTW [2013] NZDT 491 (15 January 2014) [pdf, 21 KB]

    ...going after applying CRC. AGS report trying it at home twice since then and say that it is not starting again and they have not been able to use it for more than 10 minutes at a time. [6] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (CGA). Is the mower of acceptable quality as per sections 6 and 7 of the CGA? [7] I find that the mower is not of acceptable quality as it is not free from minor defects, durable or fit for...