Search Results

1. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...acceptable quality? b. Did the Respondent fail to fix the vehicle within a reasonable time? c. What sum, if any, must the Respondent pay to the Applicant? Was the vehicle of acceptable quality? 4. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearan...

2. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...claim under the law of negligence.1 8. The arguable legal basis for MT’s claim is the Consumer Guarantees Act 1993. P Ltd is an entity in trade that provides goods and services that are ordinarily acquired for domestic of household use. The CGA states that service providers must exercise reasonable care and skill. The Disputes Tribunal has jurisdiction to hear claims under the CGA. 1 The Tribunal’s jurisdiction in tort is limited to claims for damage to, or loss of, physic...

3. SN & TN v B Ltd [2021] NZDT 1621 (17 December 2021) [pdf, 223 KB]

   ...medical condition” to SN & TN’s claim? b. Are SN & TN entitled to $26,503.40 under the insurance policy? c. Are SN & TN entitled to $3,250.00 for stress and inconvenience or for breaches of the Consumer Guarantees Act 1993 (“CGA”)? Has B LTD incorrectly applied the definition of a “pre-existing medical condition” to SN & TN’s claim? 9. A contract may be defined as a legally binding agreement or a promise or set of promises between two or mor...

4. ACV v ZXE [2013] NZDT 213 (26 August 2013) [pdf, 46 KB]

   ...damaged the bike and whether the costs claimed are reasonable. Decision Did ZXE Ltd intentionally damage the bike? [4] There was a written contract signed by the parties. This contract is covered by the Carriage of Goods Act 1979 (CGA). The CGA applies to all domestic carriage of goods within New Zealand, whether goods are carried by road, rail, sea or air. The CGA provides for four different categories of contracts, and the extent of an individual carrier’s respon...

5. MT & Anor v NK & Ors [2024] NZDT 798 (12 November 2024) [pdf, 248 KB]

   ...34. Accordingly, I do not find that F Ltd have breached the FTA. For these reasons, I dismiss the claim against F Ltd. As against T Ltd 35. Where a supplier in trade supplies services to a consumer, the Consumer Guarantees Act 1993 (“the CGA”) implies various guarantees including that the services will be carried out with reasonable care CI0301_CIV_DCDT_Order Page 6 of 7 and skill (s28 of the CGA); that the services and the product of the services will be reasonably fit for...

6. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

   ...purpose? b. If not, what is the remedy? c. If so, how much is owed under the contract? Did US Ltd carry out the roofing work with reasonable care and skill and was the roof fit for purpose? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any discussion between the parties pre...

7. SD v L Ltd [2024] NZDT 240 (8 March 2024) [pdf, 180 KB]

   ...acceptable quality? b) Did the supplier fail to fix the [vehicle] within a reasonable time? c) What sum, if any, must the supplier pay to the consumer? Was the [vehicle] of acceptable quality? 6. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance, an...

8. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...allowed to reject the goods and obtain a refund? iv. If so, is L Ltd liable for damages, and if so, how much? Has there been a breach of the guarantee of acceptable quality in the Consumer Guarantees Act. 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that goods purchased from traders must be of acceptable quality. The goods must be fit for the purpose, safe, durable and free from minor defects. This must be assessed from the point of view o...

9. 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...

10. 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...