Search Results

1. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 (c) Was OF a party to the contract? (d) If so, what is the remedy? Did H Ltd provide their services with reasonable care and skill? 7. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. 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 reasonab...

2. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? 6. I fin...

3. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

   ...filed her claim. The limitation period under the Fair Trading Act 1986 (FTA) is also three years. 6. As it relates to the original consultation and treatment, EQ’s claim is therefore statute-barred, whether under the Consumer Guarantees Act 1993 (CGA) or the FTA. 7. As it relates to some or all of the follow-up appointments, which were $83.95 each, EQ’s claim might not be strictly statute-barred if brought under the CGA, although B Ltd’s ability to defend these claims would be aff...

4. KN v D Ltd [2024] NZDT 371 (23 May 2024) [pdf, 170 KB]

   ...tried to call D Ltd at its [City 2] phone number (from its website) but there was no reply. The notice of hearing had been sent to D Ltd at its registered office and so the hearing went ahead without D Ltd. 3. The Consumer Guarantees Act 1993 (CGA) applies to this transaction. The CGA provides that whenever there is a supply of services to a consumer there is a guarantee that the services will be provided with reasonable care and skill. 4. In this case D Ltd had custody of the ph...

5. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...its services with reasonable care and skill? 4. X Ltd pointed to terms and conditions posted in its carparks that purport to exclude or limit liability, but the terms mention “except to the extent provided by the Consumer Guarantees Act 1993” (CGA). CGA s 43 provides that the provisions of the CGA “shall have effect notwithstanding any provision to the contrary in any agreement”. 5. CGA s 28 of provides that where services are supplied to a consumer, there is a guarantee that t...

6. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

   ...skill, because TN Ltd had the date wrong for the [pre-wedding event 1] and so the decorations provided were of a lesser quality than had been discussed before the event. CI0301_CIV_DCDT_Order Page 2 of 6 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 and will be reasonably fit for any purpose the customer makes known to the supplier. If there is...

7. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...tradesperson is expected to complete work to a professional standard. 9. For the reasons stated below, I find the remedial drainage work done by E Ltd in (or around) June 2022 at [address 1] is covered by s28 of the Consumer Guarantees Act 1993 (“CGA”). 10. I say that because: a. within the definition of “services” in s2 CGA, this work constitutes the provision of services to SS and NQ, despite there being no direct contract between E Ltd and SS and NQ; and b...

8. CU v DN Ltd [2019] NZDT 1420 (9 September 2019) [pdf, 229 KB]

   ...reasonable time? (d) If so, is he entitled to a refund? Was the mower of acceptable quality and fit for purpose? 6. I find that the mower was not of an acceptable quality or fit for purpose. 7. The Consumer Guarantees Act 1993 (the “CGA”) applies. DN is bound by the CGA, ss7 and 8, to ensure the mower is of acceptable quality and it is fit for purpose. CI0301_CIV_DCDT_Order Page 2 of 5 8. The test of acceptable quality is an objective one. The test is whether...

9. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...not. When assessing whether the onus of proof has been discharged by a party I need to consider and evaluate the evidence presented to the Tribunal by the parties. 4. The relevant law is the law of contract and the Consumer Guarantees Act 1993 (CGA). The CGA provides guarantees to consumers who obtain services from a person who is in the business of providing that service. What work did the parties agree the respondent should do? 5. The work to be done by the respondent was f...

10. EN v B Ltd [2022] NZDT 286 (17 March 2022) [pdf, 192 KB]

    ...onward flight. (g) There is no evidence that EN caused or contributed in any way to the delay that caused him to miss his flight from [City 2] to [Country 1]. Is EN entitled to compensation and if so, how much? 9. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that B Ltd carry out its service with reasonable care and skill (s 28 CGA). I am satisfied that B Ltd did not carry out its service with reasonable care and skill. It seems to me that the method of...