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1. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...skill? • Was RCL responsible for the late settlement (after 4pm) and if so, what remedy is available to NQ? • Were any actual losses relating to delay moving into the property reasonably foreseeable as likely to result from any failure of CGA guarantee? • Is NQ liable to pay for RCL’s post-settlement attendance to further property matters at a cost of $700? • Can either party claim costs of preparing for and attending the Tribunal? Was RCL’s advice wit...

2. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...remedied within a reasonable time? c. If the failure was not remedied, can LG reject the spa pool and obtain a refund? CI0301_CIV_DCDT_Order Page 2 of 4 Was the spa pool of acceptable quality? 7. The Consumer Guarantees Act 1993 (“CGA”) applies when goods are supplied to a consumer in trade. I am satisfied that OE was “in trade” for the purposes of the CGA as LG described him as undertaking a business of buying old spa pools, doing them up, and selling them on. She...

3. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...SB and accordingly DF Ltd would be liable for any breach under that contract. Was there a breach of contract? 7. Although TB is bound by the contract between the parties there is overriding protection under the Consumer Guarantees Act 1993 (CGA) regardless of what the contract says. In fact, the contract acknowledges this. It says in clause 1.4: Nothing in these policies is intended to limit or exclude U’s liability, or the liability of a Presenter, under applicable consumer la...

4. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...for IE’s father, NE, not for IE himself. Nonetheless, X Ltd owed a duty of care to IE to provide an accurate and competent EPA service. This duty arises under both common law principles of negligence and under the Consumer Guarantees Act 1993 (CGA). As any loss in this case was purely economic and did not involve damage to property, the Tribunal does not have jurisdiction to consider this claim as a cause of action in negligence (s10(1)(c) Disputes Tribunal Act 1988). However, t...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...