Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. TK v BD & TT Ltd [2024] NZDT 530 (22 July 2024) [pdf, 215 KB]

   ...does not have jurisdiction (standing) to hear and make an order in relation to 3c. above. 5. The issues to be determined in relation to TK’s claim are as follows: a. Whether BD breached the guarantee under the Consumer Guarantees Act 1993 (CGA) to provide his service with reasonable care and skill. b. If he did, then what remedy is TK entitled to under the CGA. c. Is TK able to recover costs for time. 6. The issues in relation to BD’s claim are as follows: a. Is B...

9. FI v CC [2025] NZDT 105 (12 February 2025) [pdf, 208 KB]

   ...allows parties to enter into legally binding agreements. For a contract to be enforceable there must be agreed terms. Where the contract is between a consumer and a supplier, as in this case, the statutory guarantees in the Consumer Guarantees Act 1993 (CGA) also apply. This includes the obligation on the supplier to exercise reasonable care and skill (s 28) and where a particular purpose has been known, to produce a product of the service that is CI0301_CIV_DCDT_Order Page 2 of 5...

10. DM v QB Ltd [2023] NZDT 124 (9 June 2023).pdf [pdf, 184 KB]

    ...the outcome was fit for purpose? b. If not, what is the remedy? Was the unit of acceptable quality and was it installed with reasonable care and skill so that the outcome was fit for purpose? 5. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides a guarantee that goods will be of an acceptable quality. Section 8 also provides that goods must be fit for any particular purpose made known by the consumer expressly or by implication and for the purpose for which supplier repre...