Search Results

1. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...for purpose? (c) If not, what is the remedy? Did ED provide their services with reasonable care and skill and were the dentures reasonably fit for purpose? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and...

2. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...resolved are: (a) Is CH “in trade”? (b) If so, is the fridge of an “acceptable quality”? (c) If not, is TU entitled to “reject” the fridge? (d) If so, what is the remedy? Is CH “in trade”? 13. The Consumer Guarantees Act 1993 (CGA) provides that “in trade” includes any commercial activity. 14. TU explained that when he visited CH’s farm to return the original fridge, he saw approximately 100 to 150 other fridges in an open building. 15. Further, CH...

3. LE v T Ltd [2024] NZDT 456 (27 June 2024) [pdf, 183 KB]

   ...noted on the Centre’s website. 12. In contrast, LE says that the claim is a contractual dispute under which T Ltd has provided defective services. LE says that she is a consumer acquiring services under the Consumer Guarantees Act 1993 (“the CGA”), and it is immaterial that she did not pay for the services. 13. Having carefully considered the available evidence and information, and having heard from the parties, I find that LE’s claim is not within the Tribunal’s jurisdic...

4. HI v D Ltd and FB [2024] NZDT 26 (20 February 2024) [pdf, 233 KB]

   ...consider are: a. Did FB and / or D Ltd breach the Fair Trading Act 1986 (“FTA”) by giving misleading information about additional surcharges at the time of HI’s booking? b. Did FB and / or D Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by failing to provide its customer service with reasonable care and skill? c. Is HI entitled to the Disputes Tribunal filing fee of $90.00? d. Is HI entitled to compensation of $2,500.00? Did FB and/or D Ltd breach the...

5. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...car faulty? e. What remedy, if any is available to the applicant? CI0301_CIV_DCDT_Order Page 2 of 6 4. The relevant law is the law of contract, the Contract and Commercial Law Act 2017 (CCLA) and the Consumer Guarantees Act 1993 (CGA). 5. Any applicant to the Tribunal has the task of establishing the legal and factual elements of its claim to the required standard. That standard is the balance of probabilities which means that it is more likely than not. When assessi...

6. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

   ...report, as CDL’s full office and administrative resources were not available to him at that time. Was the building report carried out with reasonable care and skill and was it fit for purpose? 11. The Consumer Guarantees Act 1993 (“CGA”) applies to this contract because the service CDL provided is a service ordinarily acquired for personal, domestic or household use as it relates to inspection of a home prior to purchase. I am satisfied AB is a consumer under the CGA. The...

7. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

   ...during the wedding reception. ND collected the marquee on Sunday morning, 18 March 2018 and declined DB’s request for a refund of the hire amount at that time. 4. DB claims $8543.00 under the provisions of the Consumer Guarantees Act 1993 (‘CGA’), being a refund of $3700 for the hire, $1988.00 compensation for the full cost of the dessert and wedding cake, and $2855 compensation being a proportion of the cost of party hire equipment, flowers, dream catchers, chairs and toilet hi...

8. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...the product of the service fit for purpose? • What remedy is available to WN? Did BQ Ltd carry out its services with reasonable care and skill and was the product of the service fit for purpose? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sect...

9. CN v N Ltd [2024] NZDT 744 (26 November 2024) [pdf, 216 KB]

   ...is seeking $343.00 which is made up of a refund of the purchase price of $284.00 along with $59.00 for the Disputes Tribunal filing fee. 9. The issues the Tribunal has to consider are: a. Did N Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by supplying a sweater that was not of acceptable quality and did not correspond with the description? CI0301_CIV_DCDT_Order Page 2 of 5 b. If yes, was the breach one of a substantial character and is CN entitled to reject the...

10. AGS v ZTW [2013] NZDT 491 (15 January 2014) [pdf, 21 KB]

    ...report trying it at home twice since then and say that it is not starting again and they have not been able to use it for more than 10 minutes at a time. [6] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (CGA). Is the mower of acceptable quality as per sections 6 and 7 of the CGA? [7] I find that the mower is not of acceptable quality as it is not free from minor defects, durable or fit for the purpose for which hover mo...