Search Results

1. AEM v ZVK [2012] NZDT 316 (1 June 2012) [pdf, 80 KB]

   ...the Applicant is entitled to payment in full for the system supplied by it or that a credit should be allowed for the counterclaim of the Respondent. Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (“CGA”). This is because the Respondent purchased the goods as a consumer in terms of the CGA from the Applicant as a dealer in trade. [4] In terms of s 6 of the CGA, the Applicant (supplier) guarantees that goods supplied are of accepta...

2. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [pdf, 72 KB]

   ...guarantees in the Consumer Guarantees Act, in addition to a repair, a consumer may obtain damages for any loss or damage to the consumer resulting from the failure which was reasonably foreseeable as liable to result from the failure (s.18 (4) CGA). [11] The bike has failed to meet the guarantee of acceptable quality as it was not durable. [12] In addition to the repair, BH is entitled to claim reasonably foreseeable losses or damage. [13] The freight cost is a cost...

3. ND v BT [2022] NZDT 35 (12 January 2022) [pdf, 93 KB]

   ...3. The Tribunal is required to apply an evidential standard. The burden is on the applicant to prove their claim on the balance of probabilities. Was the laptop of reasonable quality and was it fit for purpose? 4. The Consumer Guarantees Act (CGA) applies because the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the CGA says that there is a guarantee that goods supplied in trade will be of acceptable quality. Section 7 o...

4. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...later advised KX that their agent was mistaken and that the Consumer Guarantees Act 1993 does not apply because KX purchased the fridge through a private sale. 3. M Ltd have maintained the above position, based on their reading of section 41 of the CGA. KX has brought to their attention the relevant manufacturer provisions of the Act, at sections 25 to 27, both in his correspondence with them, and in both sets of submissions sent prior to the hearing. However, M Ltd has made no submiss...

5. BU & OZ v TF Ltd [2024] NZDT 330 (21 May 2024) [pdf, 242 KB]

   ...provided to the Tribunal to enable their participation) so the hearing proceeded in their absence. 5. The applicants wish to keep the fridge and obtain from TF Ltd a full refund of the purchase price. This is not an available remedy under the CGA, which allows for a full refund in certain circumstances, but only from the supplier, and upon return of the goods. 6. TF Ltd is the manufacturer for the purposes of the Consumer Guarantees Act 1993, and did not supply the fridge directly...

6. EQ v F Ltd [2023] NZDT 175 (27 June 2023) [pdf, 149 KB]

   ...remedy the fault? (iii) Did F Ltd fail to fix the fault or is the fault substantial? (b) Is EQ entitled to an order that he is not liable to pay the repair account of $427.50? Was the F Ltd obliged to fix the fault under the warranty or under the CGA? Is EQ entitled to cancel the contract and get a refund of $3,025.00? Was the treadmill of acceptable quality? If not, was F Ltd given an opportunity to remedy the fault? Did F Ltd fail to fix the fault or is the fault substantial?...

7. BU & QU v X Ltd & EP [2024] NZDT 133 (12 March 2024) [pdf, 201 KB]

   ...• What remedy, if any, is available to BU and QU? Was the product of the accommodation rental service fit for purpose generally and was it fit for the particular purpose made known to the supplier? 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that the product resulting from a service will be fit for purpose (section 29, CGA). EP is the supplier of the accommodation for the purposes of the...

8. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   ...3. I find that it is most likely that the dental work undertaken by E Ltd in relation to four of the five fillings done by E Ltd was not provided with reasonable care and skill and was not fit for purpose. 4. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for purpose. 5. In October 2021 TD had five fillings done in her te...

9. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...and he had not deliberately bitten aggressively, but had continued to chew on what he had believed was a nut. [4] MO raised a number of arguments relating to liability on the part of D Ltd. These included the Consumer Guarantees Act 1993 (“the CGA”); the Fair Trading Act 1986 (“the FTA”); the Contract and Consumer Law Act 2017 (“the CCLA”); the tort of negligence; breach of contract; as well as other statutes and causes of action. [5] For D Ltd, MC stated that D Ltd had...

10. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

    ...conduct in relation to services), s19 (bait advertising) and s 21 (demanding or accepting payment without intending to supply as ordered). Section 9 is generally the catch all the other provisions. 8. Section 28 of the Consumer Guarantees Act 1993 (CGA) there is a guarantee that a supplier must exercise reasonable care and skill when providing a service to a consumer. 9. TN is “in trade” (as he is providing a service) and NS is a consumer for the purposes of both the FTA and...