Search Results

1. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 107 KB]

   ...available to a purchaser is different according to whether they buy privately or whether they purchase from either a registered motor vehicle trader or another seller who is ‘in trade’ for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). [6] Ms RR does not sell enough vehicles per year to be required to be registered as a motor vehicle trader, but she does sell several vehicles per year for the purpose of making a profit, therefore she is selling ‘in trade’, as a...

2. FU v KT & G Ltd [2023] NZDT 431 (5 September 2023) [pdf, 180 KB]

   ...$8,900.00 for a refund of the price of the car. 3. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to the sale? b. If so, was the car of acceptable quality? c. If so, what remedy is FU entitled to under the CGA? Does the Consumer Guarantees Act 1993 apply to the sale? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA applies to consumer contracts where the supp...

3. DD v T Ltd [2024] NZDT 318 (15 May 2024) [pdf, 124 KB]

   ...$395.00 being a refund of the membership credit balance of $350.00 and the $45.00 Disputes Tribunal fee. 3. The issue to be determined is whether DD is entitled to the sums? 4. The common law of contract and the Consumer Guarantees Act 1993 (CGA) apply. 5. For a contract to be enforceable there must be agreed terms. In a consumer purchase, the statutory guarantees in the CGA also apply. So, unless there is a failure of a statutory guarantee under the CGA which can’t be remed...

4. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...have been the case, I find there is no causal link between the two occasions as the bull could have failed for various reasons. Was the failure of a substantial character? 13. By virtue of section 29 of the Consumer Guarantees Act 1993, (“CGA”), where services are supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose; of such a nature and quality that it can reasonably be expected to achieve any particular result that the...

5. CL v BK [2021] NZDT 1612 (9 August 2021) [pdf, 225 KB]

   ...lockdown. He assumed that CL would continue to use fuel oil premix until the pump could be replaced. 15. The question is whether BK has any legal liability for this miscommunication. 16. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). The CGA imposes guarantees on persons who supply certain types of goods and services in trade. The CGA applies to the services that BK supplied to CL. 17. Section 28 CGA states that where services are provided to a consumer th...

6. EI v EE Ltd [2024] NZDT 529 (3 July 2024) [pdf, 182 KB]

   ...provided with reasonable care and skill? 5. Contracts can include both express terms agreed between parties, and terms which may be implied into a contract. Terms implied by law in New Zealand include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is section 28 CGA which requires that services be supplied with reasonable care an...

7. ED v T Ltd [2024] NZDT 465 (12 June 2024) [pdf, 107 KB]

   ...$22,118.41. ED claims there are signs of poor workmanship, and the product was not applied properly as a result of which she has suffered the above losses. Issues 6. The roofing services provided by T Ltd are subject to Consumer Guarantees Act (“CGA”). 7. I outline the following issues as relevant to the dispute: a) Did T Ltd provide their service with reasonable care and skill? b) Were the failures of a substantial character? c) What, if any, remedies are appropria...

8. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

   ...3 of 6 11. I am satisfied on the evidence before me that the value of the 80,000 [Airline points] is NZ $3,800.00. Are the BK and BH entitled to the cash equivalent of the 80,000 [Airline points]? 12. The Consumer Guarantees Act 1993 (CGA) is applicable. There are certain guarantees under the CGA (which cannot be contracted out of). The applicable guarantee is that the guarantee the service is reasonably fit for a particular purpose (s29 of the CGA). The “malfunctioning seat...

9. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...hopefully not have the same irregularity) is available. 10. At the hearing D Ltd said that the alternative offers it had previously made to O Ltd to try to resolve this matter were no longer available. 11. The Consumer Guarantees Act 1993 (CGA) applies wherever there is a supply of goods of a kind ordinarily acquired for personal, domestic or household use or consumption. This means the CGA applies to the sale of “domestic or household” goods in trade, even if they are acquired...

10. KD v M Ltd [2024] NZDT 363 (11 June 2024) [pdf, 196 KB]

    ...compromise settlement being reached between KD and LM, let alone LM agreeing to a full refund. 5. KD now claims for the cancellation of the sale and a refund of the price paid of $1850 relying on the terms of the Consumer Guarantees Act 1993, the CGA, s.6 of which provides consumers with a guarantee that goods purchased will be of acceptable quality, and s.8 of which provides a guarantee that goods purchased will be fit for purpose. Her grounds are that the dress was too large for he...