Search Results

1. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...attend the hearing either, having attended the original hearing, prior to the rehearing being granted. This order is made in the absence of both these parties. Issues [4] Is DK a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA)? [5] Do VP Limited's terms and conditions exclude their liability for this type of damage? [6] Has VP Limited provided parking services to DK with reasonable care and skill? [7] If not, what remedies are available and were the conseq...

2. ND v LB Ltd [2023] NZDT 458 (15 August 2023) [pdf, 188 KB]

   ...also found that the shade cloth was not of acceptable quality and LB Ltd said that it would remediate the shade cloth at its own expense when it received payment. ND was entitled to this remediation under section 18 of Consumer Guarantees Act 1993 (CGA). 3. ND did not make payment by 14 March 2022, and rather than have the order enforced through the Collections Unit of the District Court LB Ltd employed a private debt collection firm to chase the debt. By late October 2022 ND had pai...

3. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...raised was whether the contract was subject to the consumer remedies for residential building work (Part 4A) under the Building Act 2004. Section 362C of that Act provides that nothing in that part derogates from the Consumer Guarantees Act 1993 (CGA). Therefore, if the claim and counterclaim are addressed under the CGA, there is no need to determine the extent to which the consumer remedies for residential building work apply. 6. It is also noted that at the hearing there was discuss...

4. RL Ltd v ZL [2019] NZDT 1520 (5 September 2019) [pdf, 160 KB]

   ...$1,750.00 from ZL. 3. The issues to be determined are: a) Did the benchtop correspond with its description? b) What sum, if any, must ZL pay to RL? Did the benchtop correspond with its description? 4. Under s 9 of the Consumer Guarantees Act 1993 (CGA), where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. ZL said that he asked for a top-mounted basin and for the tap to be on the benchtop. Although RL argued toda...

5. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...person knowing this would have sought TYY’s confirmation rather than relying on TY’s assurance that it had obtained cover. [3] FB now claims $1,479.60 against both TY and TYY by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. Issues (a) Does this dispute cover issues already determined by the Motor Vehicle Disputes Trib...

6. KM v BE [2022] NZDT 25 (29 April 2022) [pdf, 196 KB]

   ...Consumer Guarantees Act 1993? b) Has KM forfeited her right to a refund due to retaining the unit for 9 months? CI0301_CIV_DCDT_Order Page 2 of 4 Reasons: Is KM entitled to a refund for the [Television company] unit under the CGA? 7. The right of consumers to have defective goods remedied replaced or refunded is covered under the Consumer Guarantees Act 1993 (CGA) which provides a set of guarantees for consumers. One of the guarantees is that the goods pu...

7. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...reject the bike? c. Is NN entitled to a refund of $11,484.00 paid for the bike and accessories, and costs of $2,000.00? Is the bike of acceptable quality and/or fit for any purpose made known by NN? 5. The Consumer Guarantees Act 1993 (“CGA”) implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the bike supplied here, must be of an acceptable quality. That phrase is further defi...

8. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...reject the bike? c. Is NN entitled to a refund of $11,484.00 paid for the bike and accessories, and costs of $2,000.00? Is the bike of acceptable quality and/or fit for any purpose made known by NN? 5. The Consumer Guarantees Act 1993 (“CGA”) implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the bike supplied here, must be of an acceptable quality. That phrase is further defi...

9. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...bins of acceptable quality? 5. Contract law recognises contracts can include both express terms agreed between parties, and also implied terms. Terms implied into a contract by law include those such as under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an accep...

10. C Ltd v CZ [2024] NZDT 779 (11 November 2024) [pdf, 387 KB]

    ...are: a. What was the agreement, if any, between the parties regarding what work C Ltd was to do, how it was to be paid for and when it was to be completed? b. Is C Ltd in breach of the contract and / or the Consumer Guarantees Act 1993 (“CGA”) and / or the Building Act 2004 (“BA) by – i. not completing the work within an agreed time or otherwise a reasonable time? ii. Not carrying out its work with reasonable care and skill? iii. Not carrying out the work in accorda...