Search Results

1. BN v P Ltd [2024] NZDT 795 (18 September 2024) [pdf, 199 KB]

   ...concrete? c. Is BN entitled to a refund? d. Is BN entitled to any of the other costs claimed? Was the concrete too dry for laying dry when the driver arrived at 11.20-11.30? 4. The concrete is a good covered by the Consumer Guarantees Act 1993 (CGA). This means that at the point the concrete is delivered that it must comply with the guarantees in the CGA, This means that the concrete should be of acceptable quality which includes that it is fit for the purpose it is commonly used, an...

2. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product? e. Did J Ltd complete the work within the time contemplated by the contract, or within a reasonable time? f. If not, what remedy is PE Ltd entitled to? g. What amount...

3. OC v N Ltd [2024] NZDT 409 (13 May 2024) [pdf, 207 KB]

   ...missing from N Ltd’s website in relation to this product. 5. OC is seeking $1,060.00 to cover the cost of repairing the vehicle. 6. The issues the Tribunal has to consider are: a. Has N Ltd breached the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”) by not correctly sign posting the [exhaust fluid 1 and 2] pump with reasonable care and skill? b. If yes, is OC entitled to the amount sought of $1,060.00? Has N Ltd breached the CGA o...

4. 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...

5. SZ v U Ltd [2025] NZDT 116 (13 February 2025) [pdf, 190 KB]

   ...reasonable care and skill, within a reasonable time and at a reasonable cost? (b) If so, what amount is SZ entitled to recover? CI0301_CIV_DCDT_Order Page 2 of 4 8. The parties’ transaction is covered by the Consumer Guarantees Act (CGA). The CGA provides guarantees that services supplied in trade are to be carried out with reasonable care and skill, within a reasonable time and at a reasonable cost. 9. I deal with the disputed work undertaken on the car in turn....

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...