Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...