Search Results

1. SX v A Ltd [2023] NZDT 462 (19 September 2023) [pdf, 204 KB]

   ...consumer by transferring the ownership or the possession of the goods under a contract of sale or as the result of a gift from that person. That means goods do not necessarily have to have been sold for a company or person to be a supplier under the CGA and for the provisions of the CGA to apply to the transaction. 8. While A Ltd had no legal liability to assist SX in 2015 when the cracks appeared in three basins in his house (which SX now accepts although he did not realise at th...

2. WT v DX [2024] NZDT 796 (26 November 2024) [pdf, 190 KB]

   ...investigations, N was diagnosed with elbow dysplasia. This is a hereditary degenerative joint disease. WT has filed a claim against DX for the cost of treatment on the grounds that N was not of acceptable quality under the Consumer Guarantees Act 1993 (“CGA”). The claim is made up as follows: Purchase cost of N $2,000.00 [Vet 1] bill $1,415.36 [Vet 2] bill $89.00 [Vet 3] bill $6,624.00 [Hydrotherapy] bill $675.00 [Physio] bill $245.00...

3. O Ltd v NH & OT [2024] NZDT 801 (11 October 2024) [pdf, 109 KB]

   ...must pay particular attention to safety, to diagnose the issue accurately themselves. Did O Ltd carry out its work with reasonable care and skill and was the product of the service fit for purpose? 10. 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 (secti...

4. ZM & AX v S Ltd [2024] NZDT 812 (19 September 2024) [pdf, 133 KB]

   ...their services with reasonable care and skill? (b) If not, what is the remedy? Did the respondents carry out their services with reasonable care and skill? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person or company in ‘trade’. 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 re...

5. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...Contracts are recognised to have terms which are described as express terms, i.e., included by direct discussion and agreement between the parties, and terms which may be implied, such as by the law. Section 28 of the Consumer Guarantees Act 1993 (“CGA”) is an example of such a term because it says where services of this type are provided to a consumer, they must be provided with reasonable care and skill. Contracts which involve the domestic carriage of goods are however also gover...

6. GM v D Ltd [2024] NZDT 583 (13 September 2024) [pdf, 194 KB]

   ...the dress and called GM advising D Ltd would not be refunding the price because it had been damaged. 4. GM now claims for a refund of the price paid claiming the dress was not of acceptable quality under the Consumer Guarantees Act 1993, the CGA. D Ltd responds that GM does not have the right to reject the dress as it has been damaged whilst in her possession. 5. The issues to be decided then are whether the dress was of acceptable quality at the time of sale and, if not, to wha...

7. ET and JT v F Ltd [2021] NZDT 1639 (13 July 2021) [pdf, 197 KB]

   ...were justified in cancelling their contract with F Ltd and the consequences of the answer to that question so far as the parties’ claims are concerned. The law [14] The parties’ agreement is subject to the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees that services provided to consumers must be carried out with reasonable care and skill and, if no time is fixed for completion (as in this case), the services must be provided within a reasonable time. The...

8. EX v UC [2017] NZDT 1011 (24 May 2017) [pdf, 20 KB]

   ...issues with dryers. It is for this reason that I cannot find there has been a breach of guarantee in terms of durability or fitness for purpose. Conclusion What remedy, if any, is available to the EXs? [10] Given the above finding, no CGA remedy is available to the EXs. Even if I had found that the repairs were due to inherent defects with the dryer, the fact that UB and/or the warranty company has remedied the issues in a reasonable time on each occasion, with UB also p...

9. NS v T Ltd [2021] NZDT 1593 (23 June 2021) [pdf, 214 KB]

   ...c) Was NS entitled to cancel the contract? d) What sum, if any, is payable between the parties? Was there a binding settlement agreement? CI0301_CIV_DCDT_Order Page 2 of 4 6. A consumer who has a claim under the Consumer Guarantees Act 1993 (CGA) can agree to settle or compromise that claim, and the normal rules of contract law apply to any settlement agreement. However, parties generally cannot contract out of the Act in advance (CGA s 43). 7. I find that NS was not bound by the...

10. The Estate of UB v KM [2020] NZDT 1322 (3 December 2020) [pdf, 191 KB]

    ...mother’s will. 4. The claim is for $12,677.86. 5. KM did not attend the last hearing. He did however attend earlier hearings. Hearings can proceed and be determined in the absence of a party. 6. Under the Consumer Guarantees Act 1993 (CGA) there is a guarantee that services provided will be carried out with reasonable care and skill. From the evidence I am satisfied that KM is a supplier in trade for the purposes of the CGA. 7. The issues are: a. What was the contract...