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1. DN v WM Ltd & FN Ltd [2023] NZDT 785 (10 November 2023) [pdf, 85 KB]

   ...satisfied that all evidence was appropriately traversed and discussed in the hearing. Did the respondents breach the guarantees as provided in the Consumer Guarantees Act 1993? 7. This claim concerns a contract for the supply of services. The CGA implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 8. Section 28 of the CGA provides that a supplier of services must exercise reasonable...

2. KT & OX & SX v P Ltd [2021] NZDT 1614 (4 August 2021) [pdf, 164 KB]

   ...reasonable care and skill, and/or were the services or the product of those services not reasonably fit for the purpose? 14. Where a supplier in trade supplies services to a consumer under a contract of services, the Consumer Guarantees Act 1993 (“the CGA”) implies various guarantees into the contract including that the services will be carried out with reasonable care and skill (s28 of the CGA), and that the services, and any product resulting from the services, will be reasonably...

3. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

   ...determined are: • Did SM make any false or misleading representation to TX about the puppy that induced her to enter into the contract? • Was the puppy of acceptable quality according to the provisions of the Consumer Guarantees Act 1993 (CGA)? • What remedy, if any, is available to TX? CI0301_CIV_DCDT_Order Page 2 of 4 Did SM make any false or misleading representation to TX about the puppy that induced her to enter into the contract? 7. I find that no misre...

4. WH v P Ltd [2023] NZDT 542 (16 October 2023) [pdf, 199 KB]

   ...respondent repudiated the contract? e. If so, is the applicant entitled to cancel the contract and have all money paid refunded? Is the work done to date of any value? 4. The relevant law is the law of contract, the Consumer Guarantees Act 1993 (CGA) and the Contract and Commercial Law Act 2017 (CCLA). What work was the respondent contracted to do? CI0301_CIV_DCDT_Order Page 2 of 5 5. The respondent provided a quotation to the applicant that set out the work that wa...

5. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

   ...known, or a failure to produce the outcome within the agreed timeframe? c. If not, what is the remedy? Who supplied the services and who were the contracting parties? 9. The common law of contract and the Consumer Guarantees Act 1993 (CGA) apply. 10. JL’s position is that she engaged the company then known as Company P Limited to supply the services. In support she says that the Director is QV and that she spoke with him directly in late 2021. She also says that she th...

6. TC v L Ltd & WC [2024] NZDT 898 (6 December 2024) [pdf, 209 KB]

   ...this authority existed. Accordingly, I find that this binds L Ltd as the principal for the acts of WC and his staff. Is TC entitled to claim $5,502.75 for a refund and costs to repair her damaged windows? 7. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for personal,...

7. KK v OW Ltd [2022] NZDT 179 (6 October 2022) [pdf, 128 KB]

   ...to be provided. 12. The second issue for KK is the quality of the services provided by Dr S. She refers to this in terms of misrepresentation; however, it is better considered under the implied guarantee of reasonable care and skill in s 28 CGA. 13. There is little doubt that Dr S and Dr P had differing views about [the horse]’s prognosis and the best way forward. It is unlikely that the difference in their advice resulted from any improvement in [the horse]’s condition over...

8. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...the email OB replied advising they had considered sending the collar back for repair but had decided to request a refund. CM then offered a refund of $25. 4. Both parties agree that the law that applies is the Consumer Guarantees Act 1993, the CGA. Under the CGA goods purchased in trade must be of “acceptable quality”, (Section 6), which is defined in s.7 as including that goods must be fit for purpose, free of minor defects and durable. 5. If goods are found not to be of acc...

9. B Ltd v CT [2023] NZDT 239 (6 June 2023) [pdf, 185 KB]

   ...the result of its own action in delaying the pour by a week, it does not lend any support to B LTD having tried to take advantage of CT. Did the parties agree a price for the extra 3.6 m3 of concrete? 9. The Consumer Guarantees Act 1993 (CGA) provides a guarantee in section 31 that where services are supplied to a consumer, and the parties have not agreed a price, the consumer is not liable to pay more than a reasonable price. 10. I find that the parties did not agree a pric...

10. 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...