Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...only entitled to [credits] and therefore NZ law does not apply in this case. 6. On the other hand, BM and FM claim that NZ law applies to W Ltd’s administration of [credits]. They believe that W Ltd has breached the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) by failing to provide adequate opportunity for them to use their [credits] and that they are therefore entitled to the remedies provided for in these Acts. The applicants have pointed out that W Ltd...

8. IL v D Ltd [2024] NZDT 845 (5 December 2024) [pdf, 161 KB]

   ...the lower section, but it is still much smaller than what the area needs. 18. On this basis, I find that D Ltd did not carry out the work as agreed. Was the work done with reasonable care and skill? 19. The Consumer Guarantees Act 1993 (“CGA”) provides that where services are supplied to a consumer there is a guarantee that services will be provided with reasonable care and skill (s28 of CI0301_CIV_DCDT_Order Page 3 of 5 CGA). This means that the service provided by SCL m...

9. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...the extensive written documents provided, the oral evidence of the parties, and the relevant law, including the law of contract, the Contract and Commercial Law Act 2017 (CCL), the Fair Trading Act 1986 (FA) and the Consumer Guarantees Act 1993 (CGA). [9] BT has outlined four specific areas of loss plus consequential damages. The applicant claims $6,715.00 to replace a fridge freezer system, $3,004.83 to replace a hatch, $1,698 to reinstate the forward berth squab and $47.22 to reco...

10. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

    ...to protect it from damage and was therefore not reasonably fit for purpose. 19. There is a written contract between the parties which sets out their respective rights and obligations. In addition to the contract the Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts, including that goods are of acceptable quality (s 6-7 CGA), are provided with reasonable care and skill (s 28 CGA) and that services provided are reasonably fit for the particular purpose for which the...