Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. NI v T Ltd [2025] NZDT 123 (31 March 2025) [pdf, 143 KB]

   ...picked up on the head gasket issue. 10. NI is seeking $10,896.15 which is the estimated cost to repair the van. 11. The issues the Tribunal has to consider are: a. Did T Ltd breach the contract and / or the Consumer Guarantees Act 1993 (“CGA”) by not carrying out its work as agreed and with reasonable care and skill? b. If yes, is NI entitled to compensation in the amount sought of $10,896.15 or any other lesser amount? CI0301_CIV_DCDT_Order Page 2 of 6...

6. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...balance of probabilities, that is, whether the issues raised by them are more likely than not to have occurred. If that is proved then whether NPU breached the terms of is contract with BU and/or any provision under the Consumer Guarantees Act 1993 (CGA), more specifically the provisions raised by BU (which they say apply in relation to the issues) namely s 28 of the CGA (which provides that services must be carried out with reasonable care and skill) and s 29 (which provides that service...

7. CX-v-XC-Law-Firm-2015-NZDT-885-16-July-2015 [pdf, 118 KB]

   ...Issues [5] The issues to determine are: a. What was the time period DD of XC Law Firm was engaged for? b. Did XC Law Firm provide their services to CX with reasonable care and skill as per section 28 of the Consumer Guarantees Act 1993 (‘CGA’)? c. Is CX entitled to any remedy under the CGA, and if not, what is due on the counter-claim? What was the time period DD of XC Law Firm was engaged for? [6] CX contends that DD voluntarily ended his own representation...

8. MJ v OM Ltd [2023] NZDT 52 (21 February 2023) [pdf, 177 KB]

   ...the vacuum cause the damage to the skirtings and door? c) What sum, if any, is payable? Was MJ misled into purchasing the extended warranty? Was the vacuum acceptably durable and fit for purpose? 5. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance, a...

9. OL v TV [2022] NZDT 268 (23 December 2022) [pdf, 183 KB]

   ...a. Is TV in the trade of selling restored motorcycles? b. If so, was the motorcycle of acceptable quality? c. What remedy, if any, is OL entitled to? Is TV in the trade of selling restored motorcycles? 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 supplier of the goods or services is in trade, and includes situations where the supplier, “supplies goods to a co...

10. DH & XH v G Ltd [2024] NZDT 9 (24 January 2024) [pdf, 177 KB]

    ...were offered a credit of 50% of the purchase price. Issues 5. To resolve this application, I need to consider: a. Was the Furniture fit for purpose? And b. What is a reasonable remedy? Fit for purpose 6. The Consumer Guarantees Act 1993 (CGA) requires that consumer goods must be fit for the purpose they are purchased for, and that purpose is the one for which the type of goods is commonly supplied1. In this case the furniture is high end outdoor furniture. It was used as pool...