Search Results

1. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...arrangements were made for DO Ltd to install fibre into a home owned by BE at [address]. BE says DO Ltd breached the terms of his contract; breached the Contract and Commercial Law Act 2017 (“CCLA”); breached the Consumer Guarantees Act 1993 (“CGA”) by failing to provide services with reasonable care and skill; and breached the Fair Trading Act 1986 (“FTA”) by engaging in misleading and deceptive conduct through unfair trading practices. 3. The claim form records BE’s cla...

2. ED v Q Ltd [2023] NZDT 412 (24 August 2023) [pdf, 182 KB]

   ...intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at what was said and done. 6. The Consumer Guarantees Act 1993 (“CGA”) also has terms relevant to this contract. The CGA implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the fishing rod, must be of an acce...

3. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...carried out after the February hearing of this matter during an adjournment period. 6. QS seeks to reject the vehicle, cancel the contract and obtain a refund for amounts paid to date, as per the provisions of the Consumer Guarantees Act 1993 (‘CGA’). She also seeks a refund for breakdown insurance payments made under the contract and alternative transport costs for the period she was without a car. 7. The issues to be determined are: • Was the vehicle of acceptable quality...

4. NT v GF Ltd [2023] NZDT 92 (13 March 2023).pdf [pdf, 215 KB]

   ...about a transit visa. 8. The issues the Tribunal has to consider are: a. Did GF Ltd misrepresent the transit visa requirements to NT? b. Did that induce NT to buy the ticket? c. Did GF Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by not providing its service with reasonable care and skill? d. Is NT entitled to $3,611.00 or any other amount in compensation? Did GF Ltd misrepresent the transit visa requirements to NT? CI0301_CIV_DCDT_Order Page 2...

5. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an acceptable quality? 6. 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress against the supplier and manufac...

6. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...breakdown of the invoice. MT paid the full amount of the invoice, $7,583.10 on 25 January 2022. CI0301_CIV_DCDT_Order Page 2 of 5 5. The services provided by J Design are guaranteed by provisions of the Consumer Guarantees Act 1993 (CGA). That is because MT has acquired from J Design, services of a kind ordinarily acquired for personal, domestic, or household use or consumption. Section 31 CGA provides a guarantee that a consumer is not liable to pay a supplier more than...

7. TQ v UM & Ors [2023] NZDT 369 (2 August 2023) [pdf, 116 KB]

   ...“pass down”. Page 3 of 5 Can TQ or HT make a claim against N Ltd under the Consumer Guarantees Act 1993 or negligence? 18. Where services are supplied to a consumer by a supplier, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. As HT obtained services directly from N Ltd, he can make a claim against N Ltd under the CGA. 19. However, I consider the case is d...

8. EE v D Ltd & G Ltd [2024] NZDT 862 (9 December 2024) [pdf, 221 KB]

   ...Tribunal has approved as her representative. Was the vehicle of acceptable quality when sold? 4. I address the claims made against G Ltd and D Ltd separately. The claim against G Ltd 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). CI0301_CIV_DCDT_Order Page 2 of 5 a. Section 6 of the CGA provides that where goods are supplied to a consumer there is a guarantee that they are of acceptable quality. b. Section 7 provides that goods are of ‘accept...

9. OP v U Ltd & B Ltd [2024] NZDT 823 (15 October 2024) [pdf, 134 KB]

   ...considered it had the ability to sell OP’s property for non-payment. I do not consider that B Ltd has been able to establish on the balance of probabilities that there was a term in the contract to this effect. 9. The Consumer Guarantees Act 1993 (CGA) applied to the arrangement between the parties. This means that there was a guarantee implied into the arrangement that B Ltd would provide its services with reasonable care and skill, and that the services would be fit for purpose....

10. AEP v ZVG Ltd [2013] NZDT 337 (28 August 2013) [pdf, 35 KB]

    ...the Consumer Guarantees Act, and (ii) Whether ZVG Ltd is liable for losses under the Carriage of Goods Act. Decision Is ZVG Ltd liable for losses under the Consumer Guarantees Act? [5] AEP claims the Consumer Guarantees Act 1993 (“CGA”) applies to this claim, based upon information she obtained from a consumer website which states the CGA applies to the service carriage companies provide. However, s 5 of the Carriage of Goods Act 1979 (“COGA”) states the COGA app...