Search Results

1. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description or sample. 8. Goods must be also of an acceptable quality – see s 6 and 7 CGA and the kitchen must be...

2. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...further, provide it indemnification by EU against claims from third parties (F Ltd and SC Ltd in this case) for damage. 7. With respect to I Ltd’s contract with EU, I find that EU is a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and was not being paid for his services. I Ltd queried that s...

3. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [pdf, 182 KB]

   ...consider are: CI0301_CIV_DCDT_Order Page 2 of 9 a. What was the agreement between the parties as to what work N Ltd was to do and how it was to be charged for? b. Did N Ltd breach the contract and/ or the Consumer Guarantees Act 1993 (“CGA”) by failing to carry out its work as agreed and with reasonable care and skill? c. Did N Ltd breach the Fair Trading Act 1986 (“FTA”) when providing the respondent with a price for this project? d. Were the respondents en...

4. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...Consumer Guarantees Act 1993? c. Is TI entitled to remedial costs? Did BCS provide its inspection services with “reasonable skill and care”? CI0301_CIV_DCDT_Order Page 2 of 6 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that suppliers of services must provide their service with “reasonable skill and care”. This generally means that any work done must be as good as the work of a competent person with average skills and experience for that t...

5. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

   ...the [ute] was a vehicle that would be considered a consumer good, as it could be driven ordinarily, despite its supercharged nature. Both parties also agreed that they did not contract out of the provisions of the Consumer Guarantees Act 1993 (“CGA”). Were the services provided with reasonable care and skill? 4. SD said R Ltd did not provide their services with reasonable care and skill. He maintained there were no issues with oil pressure before the engine was rebuilt by R Ltd...

6. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...apply. 10. The parameters of the service provided by L Ltd are set out in ‘[Conditions of Carriage]’. 11. The Consumer Guarantees Act 1993 sets out implied terms that apply to all consumer contracts. Suppliers cannot contract out of the CGA. Section 28 CGA provides that there is a guarantee that services will be carried out with reasonable care and skill. 12. Section 29 CGA provides a guarantee that services will be reasonably fit for any particular purpose, and achieve an...

7. EH v D Ltd [2022] NZDT 36 (10 January 2022) [pdf, 195 KB]

   ...hearing going ahead. 4. The issues to be determined are: a) Was the furniture of acceptable quality? b) Was the applicant entitled to reject the furniture? Was the furniture of acceptable quality? 5. 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 will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearan...

8. BB v H Ltd [2023] NZDT 10 (5 April 2023) [pdf, 98 KB]

   ...Ltd admits that is received BB’s email correcting his address before posting the goods. Issues i) What is the relevant law ii) Who is liable for the misdirected passage. Issue 1 [4] The relevant law is Consumer Guarantees Act 1993 (CGA). The CGA provides a guarantee as to delivery. Section 19 states; (1) Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the...

9. DQ v H Ltd [2023] NZDT 285 (11 July 2023) [pdf, 205 KB]

   ...would fix the car. However, DQ rejected the suggestion and told KI that the problems with the car are substantial, and he was rejecting the car and wanted a refund. 11. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 (CGA) apply? (b) If so, are the problems with the car of a ‘substantial character?’ (c) If so, is DQ entitled to reject the car and obtain a refund? Does the Consumer Guarantees Act 1993 apply? 12. Because H Ltd is in ‘trade’ and...

10. NX v P Ltd [2023] NZDT 212 (2 May 2023) [pdf, 107 KB]

    ...unstored radio stations, but the other issues remained. [3] NX considered that, as he had bought the unit from a consumer and P Ltd was the sole importer of the goods, that it was the “manufacturer” under the Consumer Guarantees Act 1993 (“the CGA”). He claimed the advertised cost of a new unit. [4] For P Ltd, QD and TD said that the unit was of a kind that P Ltd sold only to traders. P Ltd had sold this unit to YND on 15 September 2022, and P Ltd had installed it in a vehicle...