Search Results

1. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [pdf, 224 KB]

   ...pump provided by DIL of acceptable quality, and if not, is there a remedy available to MG? Did DIL provide its installation service with respect to the external unit with reasonable care and skill? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its services with reasonable care and skill (section 28, CGA). 8. WJ engaged two companies to provide services with r...

2. EC v U Ltd [2023] NZDT 186 (13 June 2023) [pdf, 101 KB]

   ...their services to EC with reasonable care and skill? 4. I am unable to make a finding that U Ltd failed to provide their services to EC with reasonable care and skill. For this reason, the claim is dismissed. 5. 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. If services are not provided with reasonable care and skill the consumer may be entitled to a...

3. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...heard in the District Court and is outside of the jurisdiction of the Disputes Tribunal (s 17). Accordingly, the claim is struck out Was the service provided by HW carried out with reasonable care and skill? 6. 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 person...

4. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...travel costs, but no more. 6. CV’s claim seeks payment of the invoice in full. 7. The hearing took place by phone on 25 July 2023. FS represented IT at the hearing. Findings 8. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 9. Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider must exercise reasonable care and skill. 10. FS and IT provided comprehensive evidence of numerous errors /...

5. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...was the product of the service fit for purpose? • What remedy is available to BC? Did ST Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? 5. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sec...

6. TL v G Ltd [2024] NZDT 643 (21 November 2024) [pdf, 213 KB]

   ...contents of the courier parcel while in transit, rather the claim is that damage was done to TL’s ‘property’ because of how the delivery service was carried out. CI0301_CIV_DCDT_Order Page 2 of 4 8. The Consumer Guarantees Act 1993 (‘CGA’) therefore applies – TL is a consumer for the purposes of the Act and G Ltd was the supplier of a delivery service to TL – there does not have to be a contract between the parties for the CGA to apply. 9. The CGA provides statutor...

7. HB Ltd v K [2021] NZDT 1301 (13 January 2021) [pdf, 212 KB]

   ...the work was done late, compared to the timeframes estimated in the contract, these timeframes were not specified to be off the essence, and the breach was not sufficient to justify a finding of a substantial breach, entitling cancellation under the CGA. Further delays in progressing the project in 2020 came about largely through a failure of the clients to engage, given their disappointment in the work. 8. Nonetheless, as the cancellation was communicated in June 2020, and accepted, t...

8. IM v KL & B Ltd [2024] NZDT 867 (10 December 2024) [pdf, 154 KB]

   ...leak in the bathroom. IM says he offered to replace the rangehood for free and that she paid him $150.00 for materials for the bathroom repair. Law 9. The law of contract, the Consumer Guarantees Act 1993, and the Building Act 2004 apply. The CGA provides for a guarantee in all consumer contracts that services will be provided with reasonable care and skill (s 28 CGA) and that the product resulting from the service will be fit for any purpose made known to the supplier (s 29 CGA). W...

9. MM v B Ltd [2024] NZDT 406 (22 April 2024) [pdf, 195 KB]

   ...reasonable care and skill? (b) If it did carry out its work without reasonable care and skill, what compensation is MM entitled to? Did B Ltd carry out its service without reasonable care and skill? 3. The Consumer Guarantees Act 1993 (CGA) imposes a statutory obligation on businesses that provide services to consumers such as MM, to carry out their services with reasonable care and skill. 4. As the applicant in this dispute, MM bears the burden of proving his claim. He...

10. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

    ...curtains back and had them repaired for free. This was not an option for his company outside the 48-hour time, he said, as the curtain workshop they dealt with would not then repair them for free. 12. Section 7 Consumer Guarantees Act 1993 (“CGA”) provides that ‘of acceptable quality’ includes being acceptable in appearance and finish and free from any minor defects. Section 7 provides that regard can be had, in determining whether a reasonable consumer would regard goods as...