Search Results

1. MC v N Ltd [2023] NZDT 103 (2 March 2023) [pdf, 209 KB]

   ...battery and/ or charger. 5. The sole issue for determination is whether the Respondent is entitled to cancel the contract and seek a refund of the purchase price? 6. The Scooter is a consumer good and therefore the Consumer Guarantees Act 1993 (CGA) applies. All goods sold must be of an acceptable quality and be fit for the purpose to which they CI0301_CIV_DCDT_Order Page 2 of 3 are designed and sold and any purpose that is made known to the seller at the time of the sale. (s...

2. GE v T Ltd [2023] NZDT 442 (23 August 2023) [pdf, 190 KB]

   ...7 working days (once the part had arrived with their service agent). 2. In the meantime, GE requested a replacement TV as he had been advised that he was entitled to that under the Consumer Guarantees Act (this is only correct if any failure of CGA guarantee could not be remedied or was of ‘substantial character’). 3. The part was delivered to the service agent later than expected because, apparently, the courier company delivered it to the wrong address in error. When T Ltd...

3. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...provided services with reasonable care and skill? 5. Contracts can include both express terms agreed between parties, and terms which may be implied into a contract. Terms implied by law include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is section 28 CGA which requires that services be supplied with reasonable care and skill...

4. QH v N Ltd [2024] NZDT 891 (13 December 2024) [pdf, 119 KB]

   ...to consider are: a. Does the Consumer Guarantees Act 1993 apply? b. If so, is the vehicle of acceptable quality? c. If not, what remedy is appropriate? Does the Consumer Guarantees Act 1993 apply? 7. The Consumer Guarantees Act 1993 (CGA) gives consumers a right of redress against manufacturers in certain circumstances, including if goods fail to comply with the guarantee as to acceptable quality in s 6. A manufacturer includes the entity which imports or distributes the goo...

5. IN & UI v C Ltd [2023] NZDT 394 (31 August 2023) [pdf, 213 KB]

   ...Ltd undertake the work on the retaining wall with reasonable care and skill? 4. I find that it is most likely that the work on the retaining wall by C Ltd was not carried out with reasonable care and skill. 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the work will be carried out with reasonable care and skill. A consumer can be entitled to a remedy under the Act if there is a breach of this guarantee....

6. AFG and AFH v ZUO [2013] NZDT 351 (17 November 2013) [pdf, 56 KB]

   ...no liability as AFG and AFH requested a powder-coated fence for their pool. [6] If there had not been any other involvement by ZUO Ltd, I would have found a possible defence under s 8(2)(a) of the Consumer Guarantees Act 1993 (“CGA”) that the circumstances show that the consumer was not relying on the supplier’s skill or judgement. [7] However, while it is true that a powder-coated fence was requested significantly prior to giving a quote for the fence, ZUO L...

7. EB v UY [2015] NDT 867 (11 December 2015) [pdf, 81 KB]

   ...$300.00 for the cost of the consultant’s report. Issues [5] The issues to determine are: A. Did UY carry out his services with reasonable care and skill and is the finished product of acceptable quality as per the Consumer Guarantees Act 1993 (CGA)? B. What remedy, if any, is available to EB? C. What are the reasonable costs to remedy and any reasonably foreseeable losses Did UY carry out his services with reasonable care and skill and is the finished product of acceptable q...

8. LN v JH Ltd [2022] NZDT 16 (18 February 2022) [pdf, 150 KB]

   ...are: a) Did JH Ltd carry out the services with reasonable care and skill? b) What sum, if any, must JH Ltd pay to the LN? Did the JH Ltd carry out the services with reasonable care and skill? 3. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 4. LN raised a number of complaints about the trip. First, he said that he and his wife had...

9. EO v BD Ltd [2021] NZDT 1599 (30 July 2021) [pdf, 198 KB]

   ...and if so, did EO give BD the opportunity to remedy? • What other remedies, if any, are available to EO? Do the goods correspond with the sample in quality? CI0301_CIV_DCDT_Order Page 2 of 4 8. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that “where goods are supplied to a consumer by reference to a sample or demonstration model: (a) that the goods correspond with the sample or demon...

10. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

    ...The generator, which cost about $1,000.00, was written off. 2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored...