Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. KI & XI v T Ltd [2024] NZDT 434 (1 May 2024) [pdf, 228 KB]

   ...secure? e) If so, did the misrepresentation induce KI to enter into the self storage licence agreement? f) What remedy are XI and KI entitled to? 4. In filing their claim XI and KI have raised provisions in the Consumer Guarantees Act 1993 (CGA). Does T Ltd have any liability for the damage to the furniture under the terms of the contract? CI0301_CIV_DCDT_Order Page 2 of 5 5. The terms of the written contract entered into by the parties include that except to the ext...

6. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [pdf, 130 KB]

   ...percent It further states “A student withdrawing after eight days will not be entitled to a refund, unless exceptional circumstances are proven”. Of course, this is a contractual term and the provisions of the Consumer Guarantees Act 1993 (CGA) are also relevant, beyond that contractual 8-day period. [3] Mr ER claims that exceptional circumstances exist in that he was not able to understand his lecturer’s English due to a strong accent, that his teaching style was not easy to...

7. HC v T Ltd [2022] NZDT 214 (14 November 2022) [pdf, 106 KB]

   ...entitled to? 5. T Ltd did not attend the hearing and the hearing proceeded without it pursuant to section 42 of the Disputes Tribunal Act 1988. Is the Smartwatch of an acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee that goods will be of an acceptable quality. Section 7 of the CGA provides that goods are of an acceptable quality if they are fit for all the purposes for which goods of that type are commonly supplied, acceptable in a...

8. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

   ...to be resolved are: (a) was the quoted price for the transportation of all goods, or limited to one 20” container? (b) If the quote was only for one container, has the company breached any duty of care owed under the Consumer Guarantees Act 1993 (CGA) in the manner in which it supplied its services? (c) If so, what loss can be recovered? Was the quoted price for the transportation of all goods, or limited to one 20” container? 6. I find that the quoted price in the contract was...

9. NU v KD Ltd & QJ Ltd & GE Ltd [2021] NZDT 1550 (9 September 2021) [pdf, 194 KB]

   ...damages from KD? c. Are QJ and GE liable to pay NU damages? Is NU entitled to reject the car and receive a refund from KD? 4. I find that NU is not entitled to reject the car and receive a refund from KD. 5. The Consumer Guarantees Act 1993 (CGA) provides that goods supplied to a consumer must be of acceptable quality (section 6). Where goods are not of acceptable quality and the defect is substantial or cannot be repaired a consumer is entitled to reject the goods and receive a r...

10. FQ v T Ltd [2022] NZDT 248 (24 November 2022) [pdf, 103 KB]

    ...the original delivery of the caravan and then its subsequent return to T Ltd in [City 1]. 3. The issues I need to decide are: a) Has T Ltd failed to comply with the guarantee for the supply of goods under the Consumer Guarantees Act 1993 (CGA) that the caravan was of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 b) Is FQ entitled to be paid by T Ltd for the transport costs of the original delivery of the caravan and then its subsequent return to [City 1]? Ha...