Search Results

1. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

   ...deliver the firewood. 19. CM has not done what he promised to do, which was pay for the firewood. Was the wood supplied of acceptable quality and if not, what remedy does CM have? 20. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) means that where goods are supplied to a consumer by a supplier those goods must be of acceptable quality. 21. Section 7 of the CGA sets outs what is meant by “acceptable quality”. Goods must be fit for all the purposes for which go...

2. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...Guarantees Act 1993? 16. U Ltd provides a platform for buyers and sellers to enter into private contracts. Because U Ltd provides a service for consumers, in some circumstances the statutory guarantees provided for in the Consumer Guarantees Act 1993 (CGA) may apply to the services provided by U Ltd. 17. For these reasons, I am satisfied that the Disputes Tribunal can hear a claim by LL against U Ltd in relation to the provision of its services provided by U Ltd to its consumers....

3. SK v UW [2024] NZDT 607 (13 September 2024) [pdf, 205 KB]

   ...NQB included a term that riding lessons are non-refundable and that term is binding on SK. Did UW fail to carry out the services she provided to SK and her children with reasonable care and skill? 13. The Consumer Guarantees Act 1993 (“the CGA”) applies to the riding lessons provided by UW to SK and her children. When a supplier supplies services to a consumer, the CGA implies various guarantees, including a guarantee that the services will be carried out with reasonable care...

4. KX v T Ltd [2023] NZDT 749 (8 December 2023) [pdf, 195 KB]

   ...hockey stick; $199. Issues 5. to resolve this application, I must consider; a. hat guarantees apply to sporting equipment such as the hockey stick? b. Was the stick fit for purpose? Guarantees 6. The Consumer Guarantee Act 1993 (CGA) implies guarantees into consumer contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for any purpose a consumer makes known expressly or by implication to the supplier. If goods fail...

5. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

   ...a. It is not disputed that PR withdrew from the course outside of the contractual period that would have allowed a refund. However, I consider a refund may still be available if a breach of the law occurs including the Consumer Guarantees Act 1993 (CGA) which is the law PR has referred to in this claim. b. I have been satisfied based on PR’s evidence of his learning for his time on the course there was a considerable degree of overlap with what he had learned at Z Ltd previously in...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...