Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. DT v N Ltd [2023] NZDT 178 (3 May 2023) [pdf, 185 KB]

   ...the Tribunal to consider are: (a) Whether the umbrella was not of acceptable quality; (b) If so, whether DT is entitled to reject the umbrella and receive a refund. Was the umbrella not of acceptable quality? 5. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that goods supplied to a consumer are of acceptable quality. To be of acceptable quality the goods must be durable and fit for purpose. The consideration of whether the goods are of acceptable qual...

6. AGN v ZVH, ZVG and ZVF Ltd as trustees of LN Trust [2013] NZDT 467 (23 July 2013) [pdf, 57 KB]

   ...conclusion: (i). On the substantial merits of the case, what should be ordered? Law [8] Because the laying of vinyl is a service ordinarily acquired by a consumer for personal, domestic or household use, the Consumer Guarantees Act 1993 (CGA) applies. Decision Was the service carried out with reasonable care and skill? (s 28 of the CGA) [9] No. AGN relied on quantities determined by another party and found themselves with insufficient vinyl when additional supplie...

7. DZ v VA, VAV Ltd & VAVU Ltd [2016] NZDT 921 (9 June 2016) [pdf, 86 KB]

   ...entitled to cancel her contract? c) If so, is VAVU Ltd liable to refund to DZ the cancellation fees that VAV Ltd have deducted? Did VAVU Ltd supply its services with reasonable skill and care? [4] Section 28 of the Consumer Guarantees Act (CGA) provides that suppliers of services must provide their service with “reasonable skill and care”. [5] I find that VAVU Ltd did not provide its services to DZ with reasonable skill and care. VAVU Ltd’s representative agrees that the...

8. EV v UE Ltd 2017 [NZDT] 1015 (1 June 2017) [pdf, 100 KB]

   ...stating she and her family have no confidence in the proposed repair given the materials used in the construction of the suite and the break in the frame that they have already experienced. Issues • Does the Consumer Guarantees Act 1993 (‘CGA’) apply? • Does the lounge suite meet the guarantee of acceptable quality provided for in sections 6 and 7 of the CGA? • Is any failure of guarantee a failure of substantial character? • Is EV entitled to the reme...

9. NS v B Ltd [2024] NZDT 246 (20 March 2024) [pdf, 199 KB]

   ...laptop of reasonable quality? 3. Having considered all of the evidence I find that the laptop was of reasonable quality because it was as durable as a reasonable consumer would expect in all the circumstances. 4. The Consumer Guarantees Act (CGA) applies in this case because a laptop is ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the Consumer Guarantees Act 1993 provides that there is a guarantee that goods will be of acceptable quality. S...

10. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

    ...service provided by Q Ltd was not fit for beginners, as promoted; (c) Whether UI is entitled to a refund of all or part of the money she has paid. Did Q Ltd fail to deliver its service with reasonable care and skill? 6. The Consumer Guarantees Act (CGA) applies to this transaction. There is a guarantee in the CGA that services supplied to a consumer will be carried out with reasonable care and skill (S.28 CGA). That means the reasonable care and reasonable skill of a competent person...