Search Results

1. ZA v UU Ltd [2024] NZDT 392 (12 June 2024) [pdf, 131 KB]

   ...has gone. 3. ZA has requested a refund of the price paid for the cabin. His claim is that the cabin was not of acceptable quality or fit for purpose in that it was not suitable for a high wind zone. 4. The Consumer Guarantees Act 1993 (CGA) gives guarantees that goods supplied in trade will be of acceptable quality and free from minor defects, as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as accep...

2. ZC v NU Ltd [2018] NZDT 1481 (2 August 2018) [pdf, 195 KB]

   ...reasonable care and skill, and fit for the purpose? b) What sum, if any, must NU pay to ZC? Was the service provided with reasonable care and skill, and fit for the purpose? 4. The relevant law is contract law and the Consumer Guarantees Act 1993 (CGA). Section 28 of the 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. Section 29 of the CGA provides that services must be reasonably fit...

3. BT v T Ltd [2023] NZDT 274 (30 June 2023) [pdf, 176 KB]

   ...problems are found within a certain time, it is a breach of that contractual obligation not to act as promised, for which damages may be payable. If goods fail to comply with the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA), remedies under that Act include repair, if that is possible, which if not possible or not successful within a reasonable time, may lead to an order for a refund. 6. I was advised by BT that the OBF procedure that T Ltd operates was im...

4. KL v D Ltd [2024] NZDT 92 (1 February 2024) [pdf, 94 KB]

   ...guarantees in the Consumer Guarantees Act 1993? b. If so, which of the remedies in the Act should KL receive? Does the mattress breach one of the guarantees in the Consumer Guarantees Act 1993? 4. The guarantees in the Consumer Guarantees Act 1993 (CGA) are imposed by the Act into contracts for the sale of goods by sellers in trade to consumers. The Act applies in this case because mattresses are goods of a kind ordinarily acquired for personal, domestic or household use. 5...

5. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...supplier carry out the services with reasonable care and skill? b) What sum, if any, must the supplier pay to the consumers? Did the supplier carry out the services with reasonable care and skill? 6. 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. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes...

6. SO v C Ltd [2024] NZDT 450 (20 May 2024) [pdf, 174 KB]

   ...consumer had CI0301_CIV_DCDT_Order Page 2 of 3 asked to swap the faulty goods for a sound bar worth $999.00, which was sent. The supplier also claimed that the consumer failed to return the faulty goods. 6. The Consumer Guarantees Act 1993 (CGA) s 43(7) allows a consumer to agree to settle or compromise a claim. The consumer did not dispute the supplier’s evidence regarding the sound bar, so I conclude that the parties entered into a binding settlement agreement regarding the fau...

7. UO Ltd v BE [2021] NZDT 1511 (22 February 2021) [pdf, 184 KB]

   ...She also pointed out that UO Ltd failed to inform them of the time needed for rehearsal, prompt them for a song list, or send them a copy of the songs selected when the band started rehearsing. 8. 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. UO Ltd was supplying entertainment that was customised to some degree, so its service necessar...

8. DF v Q Ltd [2023] NZDT 177 (19 April 2023) [pdf, 143 KB]

   ...compensation and if so, how much (c) Whether Q Ltd is entitled to travel costs to feed the cat and for EF’s time. Has Q Ltd failed to provide its service to DF with reasonable care and skill? 7. I am satisfied that the Consumer Guarantees Act (CGA) applies to this contract because a property management service while a home owner is out of the country for work is a service that would be ordinarily acquired for personal use (S.2 CGA). CI0301_CIV_DCDT_Order Page 2 of 4...

9. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...claims that the dentures are not of acceptable quality or fit for purpose. She claims a refund of the amount paid for the dentures. 3. The relevant law here is found in the Fair Trading Act 1986 (the FTA) and the Consumer Guarantees Act 1993 (the CGA). 4. Section 9 of the FTA provides that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 43 of the FTA provides the Tribunal with a wide discretion to provide an...

10. UW v XG Ltd [2024] NZDT 161 (16 April 2024) [pdf, 139 KB]

    ...to supply a gate which corresponded to ’s website when ordering his gate? 4. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act in this case. 5. The Consumer Guarantees Act 1993 (CGA) provides that where there is a supply of consumer goods, there is a guarantee that the goods will be of acceptable quality. Where goods are sold by description, there is also a guarantee that the goods will correspond with that description....