Search Results

1. MI v T Ltd [2023] NZDT 102 (10 March 2023) [pdf, 114 KB]

   ...registered office address and their PO Box number on 27 January 2023). 5. The issues to be determined are: • Did the goods supplied by T Ltd comply with the description made about them as per section 9 of the Consumer Guarantees Act 1993 (‘CGA’)? • If not, what remedy is available to MI? 6. Section 9 of the CGA states that where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. MI has provided photographic...

2. U Ltd v DI & SI [2023] NZDT 576 (20 November 2023) [pdf, 108 KB]

   ...the remaining $900.45 due. 11. DB files this claim seeking payment for the remaining $900.45. CI0301_CIV_DCDT_Order Page 2 of 3 Issue 12. The tiling installation service provided by U Ltd is subject to the Consumer Guarantees Act (“CGA”). 13. Section 31(1) of the CGA provides that unless a price has been agreed by the parties beforehand, services are supplied to a consumer with a guarantee that the consumer is not liable to pay more than a reasonable price for the s...

3. EP v UK LTD & UKU LTD 2016 NZDT 893 (7 December 2016) [pdf, 137 KB]

   ...Issues [7] The issues to determine are: a) Did EP have a contractual relationship with one or both respondents? b) Did UK Ltd perform its car repair service in a reasonable time as per section 30 of the Consumer Guarantees Act 1993 (‘CGA’)? c) Did UK Ltd perform its service with reasonable care and skill (section 28, CGA)? d) Was any failure a failure of substantial character (section 36, CGA)? e) What remedy is available to EP? Did EP have a contractual relationship w...

4. FV v UE Ltd [2022] NZDT 140 (1 September 2022) [pdf, 179 KB]

   ...sold by a different retailer, and FV have misremembered which store she purchased it from. For these reasons I find that it is not proven that UE Ltd sold the original dryer. What remedy is FV entitled to? 7. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable (s 7). 8. Section...

5. J Ltd v HH & KH [2023] NZDT 665 (28 September 2023) [pdf, 185 KB]

   ...claims the sum of $1500.00 for the balance of its invoice. 3. The issues to be determined are as follows: a. Was the cleaning fit for purpose and carried out with reasonable care and skill? b. If not, what remedy are HH and KH entitled to under the CGA? Was the cleaning fit for purpose and carried out with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarante...

6. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [pdf, 202 KB]

   ...did BD misrepresent the condition of the engine? (c) If so, was EX ‘induced’ into purchasing the engine because of the representation? (d) If so, what is the remedy? Was the engine sold in ‘trade’? 4. The Consumer Guarantees Act 1993 (CGA) provides statutory guarantees to consumers for purchases made by a seller in “trade”. 5. If the CGA applies in relation to the sale of the engine, there is an implied statutory guarantee that the goods (the engine) will be of ‘ac...

7. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

   ...TU’s property and collapsed the walls, making the hole unsafe and unsuitable for use. Issue: Is I Ltd liable to pay for the costs of a new septic system and its installation? 11. The applicable area of law is the Consumer Guarantees Act 1993 (CGA). Under the CGA, manufacturers and other suppliers guarantee their goods will be of acceptable quality. Acceptable quality means that the goods do what they are made to do, that they are acceptable in appearance and finish, that they ar...

8. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...repairs were carried out the vehicle broke down again about 2,000kms later. The campervan was taken to [mechanic] where it was repaired. 2. TD believes that U Ltd is liable for the cost of the repairs under the Consumer Guarantees Act 1993 (CGA). She has claimed the cost of towing relating to the [City] breakdown $1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City] repair $350.00; [car dealer] rep...

9. KU v T Ltd [2024] NZDT 876 (15 September 2024) [pdf, 198 KB]

   ...have the vehicle repaired; (d) Whether T Ltd was entitled to an opportunity to inspect and/or to remedy; (e) Whether KU is entitled to compensation and if so, how much. Was the vehicle not of acceptable quality? 7. The Consumer Guarantees Act (CGA) applies to this sale. There is a guarantee in the CGA that goods must be of acceptable quality. To be of acceptable quality goods must be, amongst other CI0301_CIV_DCDT_Order Page 2 of 4 things, free from minor defect. The assessm...

10. UO & NO v HS Ltd & JI & HM [2021] NZDT 1587 (21 July 2021) [pdf, 270 KB]

    ...work must be completed with reasonable skill and care, and is to be fit for purpose. Further under section 17 of the Act, it provides that all building work must comply with the Building Code. 10. I find that the Consumer Guarantees Act 1993 (CGA), is also relevant and applies in this claim. Under section 2 of the CGA, the definition of “supplier” clarifies that the Act will apply to persons who supply services to consumers even if they do not have a direct contractual relationship...