Search Results

1. BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [pdf, 101 KB]

   ...and BK provided a copy of an email, dated 8 November 2023, which they had sent to SK. The message stated that they no longer had confidence that the pump was fit for purpose, and that they were rejecting it under the Consumer Guarantees Act (“the CGA”). They added that they were not confident that Q Ltd could provide proper advice and installation services, and they requested a refund for the price of the pump. [6] KK and BK said that, despite that email, Q Ltd had proceeded to repla...

2. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

   ...are: a) Was the watch of acceptable quality and fit for the communicated purpose? b) Was FW entitled to reject the watch? Was the watch of acceptable quality and fit for the communicated purpose? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as fit for common purposes as a reasonable consumer fully acqu...

3. DQ v S Ltd [2023] NZDT 61 (17 January 2023).pdf [pdf, 184 KB]

   ...Did the respondent agree to replace the umbrella with a different model? c. What remedy, if any, is available to the applicants? Is the umbrella of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 4. The Consumer Guarantees Act (CGA) applies because the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the CGA says that there is a guarantee that goods supplied in trade will be of acceptable quality. Section 7 o...

4. BD v EX [2022] NZDT 293 (10 August 2022) [pdf, 152 KB]

   ...issues for determination are: a) Did EX use reasonable care and skill when constructing the deck? b) What is the remedy? Did EX use reasonable care and skill when constructing the deck? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 CGA provides a guarantee that where services are supplied by someone in trade to a consumer, that they will be provided with reasonable care and skill. For BD to succeed they must show on the balance of probabilities that EX...

5. LC v DH Ltd & QH Ltd [2021] NZDT 1667 (11 October 2021) [pdf, 115 KB]

   ...to the costs totalling $567.77, and if so, who should pay these? Were the services provided by DH for the original work and the remedial work carried out with reasonable care and skill? 10. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 11. I find, on the balance of probabilities, that DH did not provide s...

6. OX v S Ltd [2021] NZDT 1584 (28 June 2021) [pdf, 257 KB]

   ...switch and the failure of the battery storage capacity. 10. I am therefore satisfied that the broken ‘on/off’ switch caused the batteries to lose charge. Is the golf trolley of acceptable quality? 11. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 12. Under s 6 of the CGA there is a guarantee that goods supplied to a consumer are of accept...

7. TS v SQ Ltd [2024] NZDT 538 (10 July 2024) [pdf, 168 KB]

   ...Ltd is liable to pay TS compensation of $144.21 because it’s after sales service was not provided with reasonable care and skill because TS had to make multiple international phone calls at his expense to try to resolve this matter. 19. The CGA provides a number of statutory guarantees that apply whenever consumer goods and services are supplied in New Zealand. In this case the purchase of tickets was made over the internet, but SQ Ltd (an [overseas] owned company) operates a New Zea...

8. NQ v C Ltd [2024] NZDT 651 (21 August 2024) [pdf, 221 KB]

   ...e. Remedial work done by E Ltd - $7,638.30. f. Hours of remedial work done by NQ - $5,000.00. g. Damages for stress - $15,000.00. 5. The issues are: a. Was flooring of acceptable quality as required under the Consumer Guarantees Act 1993 (CGA). b. Did C Limited supply the replacement boards within a reasonable time? c. What remedy is NQ entitled to under the CGA. Was the flooring of acceptable quality as required under the CGA? 6. I am satisfied from the evidence befo...

9. BC v KG [2021] NZDT 1592 (4 August 2021) [pdf, 178 KB]

   ...care and skill in the circumstances? 3. Although KG now has a company, I am satisfied at the time of the original contract he was only trading personally and he is the appropriate respondent to the claim. 4. The Consumer Guarantees Act 1993 (CGA) applied to the work KG was doing as I am satisfied the laying of concrete for a concrete pad was work of a kind ordinarily acquired for personal, domestic or household use, even if it was work occurring at premises used commercially given...

10. FU Ltd v TB Ltd [2020] NZDT 1394 (4 March 2020) [pdf, 104 KB]

    ...a nature that symptoms would have been noticeable during a WOF check 9 days earlier? • What remedy, if any, is available to FU? Is FU a consumer and TB a supplier under the Consumer Guarantees Act 1993? 5. TB is a supplier under the CGA in this case because the definition of supplier extends to situations where there is no direct contract between the consumer and the person/company providing the service. Even though FU is in trade, it is the nature of the service that deter...