Search Results

1. KU & LU v D Ltd [2024] NZDT 742 (7 November 2024) [pdf, 179 KB]

   ...mis-statement. Issues 5. To resolve this dispute, I need to consider: a. Did the dinghy comply with the description on the website? b. What is the outcome? Compliance with description 6. Section 9 of the Consumer Guarantees Act 1993 (CGA) implies a guarantee into contracts for supply of consumer goods that where goods are supplied by description, they correspond with that description. A description can include a photograph of the goods, as this is a representatio...

2. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...the contract? c) What sum, if any, must the supplier pay to the consumers? Was the accommodation reasonably fit for purpose? 4. Accommodation in a holiday house is a service ordinarily supplied to consumers, so the Consumer Guarantees Act 1993 (CGA) applies. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's ski...

3. US v B Ltd [2024] NZDT 776 (16 October 2024) [pdf, 131 KB]

   ...the spa fit for the purpose and durable? b) If not, is the failure a failure of substantial character that would entitle US to claim compensation of $10,463.00? Is the spa fit for the purpose and durable? 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased must be of acceptable quality1. A spa pool is of acceptable quality if it is fit for the purpose, acceptable in appearance and finish, free from minor defects, safe and durable...

4. EW v Q Ltd [2024] NZDT 887 (19 December 2024) [pdf, 100 KB]

   ...different supplier. 5. The issues I have to consider are: a. Was the motherboard of acceptable quality? b. If not, what remedy is appropriate? Was the motherboard of acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) requires that goods supplied to a consumer are of an acceptable quality. Section 7 of the CGA outlines what amounts to acceptable quality, including that the goods are fit for the purpose for which they are commonly supplied; free...

5. NT & BT v HM [2024] NZDT 694 (20 September 2024) [pdf, 195 KB]

   ...$3000.00 costs). 3. The issues to be determined are: • Was the contract unenforceable because BT was a minor when she signed? • Does the Consumer Guarantees Act 1993 apply to the sale? • Was [the horse] of ‘acceptable quality’ as per the CGA? • What remedy, if any, is available to NT and BT? Was the contract unenforceable because BT was a minor when she signed? 4. NT was originally the sole applicant to the claim and the claim form states “We purchased a horse...

6. WG v HK [2024] NZDT 216 (11 March 2024) [pdf, 140 KB]

   ...obliged to give WG an opportunity to repair them; and - depending on what is established regarding those issues, what remedy or remedies should follow. The law [13] The parties’ contract is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees in supplies of goods and services by traders to consumers. In this case, there is no complaint about the materials that were provided; HK’s contention is that WG’s workmanship did not comply with the CGA...

7. EN v HM [2023] NZDT 581 (22 November 2023) [pdf, 192 KB]

   ...covered by the Consumer Guarantees Act 1993. This means that the rifle must be of an acceptable quality. Acceptable quality means fit for all the purposes acceptable in appearance and finish; and free from minor defects, safe; and durable. (see s7 CGA). 5. If goods are not of an acceptable quality, and the defect is of a substantial character, then the consumer is entitled to choose a refund or replacement (s22 CGA). 6. A defect is of a substantial character if the goods depart...

8. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...are defined in ss 6–8 of the Act. If the diesel was contaminated beyond acceptable industry limits, then it would not meet these standards. If this was established, then AAQ Ltd could obtain from both ZZL Ltd as the supplier (s 18(4) of the CGA) or ZZJ Ltd as the manufacturer (s27(1)(b)) compensation for any loss or damage resulting from the failure which was reasonably foreseeable as liable to result from the failure. [5] However, AAQ Ltd would have no right of redress again...

9. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in ss6–8 of the CGA. Clause 5 of...

10. KD v Q Ltd [2023] NZDT 617 (3 November 2023) [pdf, 92 KB]

    ...made-up of $184 for the hard drive and $45 for the Disputes Tribunal fee. The issue to be resolved is whether Q Ltd is required to remedy the failure of the hard drive after the five-year warranty had expired? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 6. I find that Q Ltd is not required to remedy the failure of the hard drive because alt...