Search Results

1. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...not the case and that the damage was caused by the tip of a drawstring torn from a pair of shorts during the wash cycle, as originally stated by their technician. 4. The Applicant brings this claim pursuant to the Consumer Guarantees Act 1993 (CGA) and seeks a refund of the $1,299.00 purchase price of the washing machine and the costs of having to go the laundromat in the meantime in the amount of $416.00, for a total claim of $1,715.00. 5. The Respondent argues that the issues with...

2. SU v G Ltd [2024] NZDT 259 (6 March 2024) [pdf, 111 KB]

   ...2020 Element not of acceptable quality? (b) Is SU entitled to a remedy and, if so, is the amount claimed proved and reasonable? Was the Cooktop and/or the 2020 Element not of acceptable quality? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the Cooktop. Where goods are supplied to a consumer, the CGA implies a guarantee that the goods are of acceptable quality CI0301_CIV_DCDT_Order Page 2 of 5 (s6 of the CGA). Goods are of an acceptable quality if they are f...

3. OX v SN [2021] NZDT 1581 (3 August 2021) [pdf, 153 KB]

   ...trailer, $160.00 for several trips to from [Town 2] to [Town 1] and $180.00 for the Disputes Tribunal filing fee. The total amount sought is $17,236.23. 11. The issues the Tribunal has to consider are: a. Does the Consumer Guarantees Act 1993 (“CGA”) apply to this sale? CI0301_CIV_DCDT_Order Page 2 of 6 b. If yes, did SN breach the CGA by selling a jet ski that was not of acceptable quality? c. If the CGA does not apply, did SN misrepresent the jet ski when he said...

4. KI & GI v Q Ltd [2023] NZDT 152 (3 July 2023) [pdf, 226 KB]

   ...acceptable quality and/or not reasonably fit of purpose, and/or were the services that Q Ltd provided to KI and/or GI not carried out with reasonable care and skill and/or not reasonably fit for purpose? 8. The Consumer Guarantees Act 1993 (“the CGA”) applies. The CGA implies certain guarantees when goods and services are supplied by a supplier to a consumer in trade, including that the goods will be of acceptable quality (s6 of the CGA), and reasonably fit for any particular purp...

5. N Ltd v T Ltd [2023] NZDT 423 (14 August 2023) [pdf, 191 KB]

   ...5. The Fair Trading Act 1986 (“the FTA”) applies. Under the FTA, no person shall, in trade, engage in conduct in trade that is misleading or deceptive or is likely to mislead or deceive (s9 of the FTA). The Consumer Guarantees Act 1993 (“the CGA”) also applies. The CGA implies certain Page 2 of 4 guarantees when goods supplied by a supplier to a consumer in trade, including that the goods will be of acceptable quality (s6 of the CGA); and reasonably fit for any particul...

6. DQ v UP [2022] NZDT 211 (9 December 2022) [pdf, 172 KB]

   ...contribute those health issues? (c) Is DQ entitled to a remedy and, if so, what costs can he recover and is the amount claimed proved and reasonable? Does the Consumer Guarantees Act 1993 apply? 7. The Consumer Guarantees Act 1993 (“the CGA”) implies certain guarantees into contracts for the sale of goods supplied by suppliers in trade to consumers. The term “trade” is defined in s 2 of the CGA as “any trade, business, industry, profession, occupation, activity of...

7. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

   ...he made a small profit). 10. A supplier need not normally deal in goods of the kind in question. Here, I find that selling vehicles is part of Mr T’s business, albeit a small part, and that he meets the definition of a “supplier” in s 2 CGA. Were Mr and Mrs S consumers? 11. Section 2 CGA provides that a consumer is someone who acquires from a supplier goods of a kind ordinarily acquired for “personal, domestic, or household use”. 12. Mr T says RTV’s are used as farm...

8. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [pdf, 196 KB]

   ...that the investigation into the incident with the Ferry on 28 January 2023 is still continuing and he was therefore not in a position to comment on the incident, so L Ltd accepts liability to BX and HX under the Consumer Guarantees Act 1993 (“the CGA”), and the only aspect of the claim that is disputed is the amount of compensation. Therefore, the issue of liability is accepted by L Ltd, and the issue for me to determine is what a CI0301_CIV_DCDT_Order Page 2 of 5 fair remedy w...

9. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...camping ground expenses while repairs were affected making a total claim of $7613.54 allowing for $900 having been paid by N Ltd. 3. ZC now claims for repayment of those expenses pursuant to his rights under the Consumer Guarantees Act 1993, the CGA. N Ltd responds that it is not liable under the CGA as ZC was not a consumer in respect of the purchase and that no warranties apply to the sale other than those in the agreement to sell. 4. The issues to be decided then are whether Z...

10. ND v KQ [2024] NZDT 631 (24 September 2024) [pdf, 187 KB]

    ...are formed within a mold. KQ says she has offered to exchange the candles, but this is not what ND wants. 4. The Issues to be resolved are: a. Were the candles of acceptable quality? b. If not, has KQ complied with her obligations under the CGA? c. Is ND entitled to compensation of $127.00 as claimed, or to any other sum? Were the candles of acceptable quality? 5. Contract law recognises contracts have terms which are expressly agreed between parties and can also have term...