Search Results

1. MVDT Annual Report 2011-2012 (Auckland) [pdf, 231 KB]

   ...motor vehicle traders, that any person who fails to comply with an order of the Tribunal should be immediately liable to be banned. I would also like to recommend that the following changes be considered to the Consumer Guarantees Act 1993 (“CGA”): c) Recognition of depreciation through use There is no provision in the CGA for account to be taken, when a consumer rejects faulty goods, of the extent of the consumer’s use of the goods before he or she rejected them. This...

2. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...it was Q Ltd that breached the contract by failing to pay the full amount. Was the tyre fit out carried out with reasonable care and skill and was the outcome reasonably fit for purpose? 11. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be conducted with reasonable care and skill. Broadly “reasonable” means the standard of care and CI0301_CIV_DCDT_Order Page 3 of 5 skill a reasonable consumer would expect of a reasonable service provide...

3. Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [pdf, 212 KB]

   ...equitable). If there is no express term agreed about price, it is necessary and reasonable to imply a term that the price charged must be commercially reasonable. As between suppliers in trade and consumers, the Consumer Guarantees Act 1993 (“the CGA”) implies a guarantee into contracts of service between a supplier in trade and a consumer that the consumer is not liable to pay more than a reasonable price for the service if the price has not been determined by the contract, left to be...

4. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...may have to pay. I determined in that claim (CIV 20 094 321) that HM must pay the full amount of BTO’s invoice being $748.00. Whether the tub is of acceptable quality/fit for purpose 7. The provisions of the Consumer Guarantees Act 1993 (CGA) apply. UUL is in trade (as a supplier of hot tubs and other consumer goods) and the hot tub is of a kind ordinarily acquired for personal, domestic, or household use or consumption. HM is therefore a “consumer” for the purposes of the...

5. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...a failure by R Ltd to comply with either or both of the above guarantees, whether GA is entitled to a refund of $736.00. Was R Ltd’s report not fit for the particular purpose made known? 7. There is a guarantee in the Consumer Guarantees Act (CGA) that the service provided by a supplier, and any product resulting from the service, will be (a) reasonably fit for any particular purpose; and (b) of such a nature and quality that it can reasonably be expected to achieve any particular r...

6. BI v U Ltd [2024] NZDT 614 (8 August 2024) [pdf, 101 KB]

   ...compensated? Is $2,075.00 a reasonable amount for BI to receive in damages in compensation for a reduction in value of the hire of the camper? CI0301_CIV_DCDT_Order Page 2 of 4 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides a guarantee that where goods are supplied to a consumer they will be of acceptable quality. Section 7 provides a definition of acceptable quality. Section 18 provides the remedies that are available to a co...

7. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...and cost of shipping. If so, what happens to the damaged bag. (c) Whether the Tribunal can make an award of the Tribunal filing fee. Was the bag not of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 9. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that goods supplied by a supplier to a consumer will be of acceptable quality. To be of acceptable quality, goods must be durable and fit for purpose (S’s 6 & 7 CGA). 10. I find that t...

8. LJ & MJ v GT [2023] NZDT 301 (10 August 2023) [pdf, 165 KB]

   ...hearing going ahead. 4. The issues to be determined are whether the services were carried out with reasonable care and skill, and fit for the communicated purpose, and what refund if any, is payable. 5. 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 make...

9. EM v JJ [2023] NZDT 254 (17 May 2023) [pdf, 89 KB]

   ...licensed to do so, in contravention of the Motor Vehicle Sales Act 2003. The Ministry of Business, Innovation, and Employment oversees compliance with that Act. Page 2 of 3 8. As a seller in trade, the Consumer Guarantees Act 1996 (CGA) applies. The CGA requires goods to be of acceptable quality. The CGA also requires that the supplier remedy any defects if requested to do so and that if the defects are substantial, the purchaser can cancel the sale and obtain a full ref...

10. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

    ...merchantable quality? (d) Did BB Ltd misrepresent the Projector to BC? (e) Is BC entitled to a remedy and, if so, is the amount claimed proved and reasonable? Does the Consumer Guarantees Act 1993 apply? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the supply of goods and services by suppliers in trade to consumers. A person is a consumer under the CGA where they acquire goods or services from a supplier of a kind “ordinarily acquired for personal, domestic, or...