Search Results

1. DU & HU c/- V Trust v UT Ltd [2021] NZDT 1591 (28 July 2021) [pdf, 105 KB]

   ...DU and HU are entitled to a remedy, how much compensation is appropriate and is the amount claimed proved and reasonable? Are DU and HU entitled to compensation for the cost of repairing the wall? 7. The Consumer Guarantees Act 1993 (“the CGA”) applies to the services provided by UT to DU and HU. Where a supplier supplies services to a consumer, the CGA implies various guarantees including that the services will be carried out with reasonable care and skill (s28 of the CGA)....

2. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...agreement for an exchange of things of value. If the parties agree for one to provide certain services in exchange for payment, the services must be carried out as agreed and the payment must be made as agreed. The Consumer Guarantees Act 1993 (CGA) imposes guarantees into contracts between people and businesses in trade, and consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional stand...

3. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...services with reasonable care and skill, is $24,856.39 a reasonable amount for it to pay to NI and TI in compensation? Did HJ Ltd provide its services with reasonable care and skill? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 6. The photos provided by TI and NI clearly show blistering paint acros...

4. BH v M Ltd [2025] NZDT 7 (13 January 2025) [pdf, 214 KB]

   ...surveyor’s report which sets out the defects above, along with some other more minor issues, he claims $7,337, which is the amount paid for the work. This claim is in effect for breach of contract and relies on part of s28 Consumer Guarantees Act 1993 (CGA) which applies the guarantee into contracts that services are provided with reasonable care and skill. Given this is building work bears an additional gloss which is that s14E BA requires that a builder who carries out building...

5. XD Ltd v QC [2023] NZDT 607 (7 November 2023) [pdf, 256 KB]

   ...defence against that breach is that XD Ltd has failed to uphold its side of the bargain due to the alleged defects. 17. QC is claiming that XD Ltd’s work was not fit for purpose and therefore is in breach of the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts, one of which is that services are provided with reasonable care and skill (s 28 CGA) and are reasonably fit for the particular purpose for which they are obtained (29 CGA). This claim must be...

6. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...has been carried out. They also claim that the remedial job has been inadequate, with resin left on the surface of the tiles and staining to the supposedly stain-resistant grouting. [5] The relevant law is the Consumer Guarantees Act 1993 (‘CGA’), specifically section 28 of the CGA which provides a guarantee that services will be carried out with reasonable care and skill. Issues [6] The issues to determine are: A. Were both scratches caused by UX Ltd? B. Do...

7. LN v TD Ltd [2020] NZDT 1466 (13 March 2020) [pdf, 193 KB]

   ...be determined are as follows: a. Was LN entitled to cancel the contract and receive a refund? b. Was LN entitled to dispose of the sofa bed? Was LN entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Where the delivery of the g...

8. NN v FP [2023] NZDT 19 (1 March 2023) [pdf, 109 KB]

   ...operational requirements. 8. The Fair Trading Act 1986 prohibits misleading and deceptive conduct in trade. The advertising of a service that FP knew would unlikely be delivered is misleading and deceptive. 9. The Consumer Guarantees Act 1993 (CGA) also applies. The Act requires that goods and services are supplied as described. CI0301_CIV_DCDT_Order Page 2 of 3 10. The seat recline and upholstery was important to NN for their long-haul trip and the seat they received wa...

9. DC v NL [2024] NZDT 263 (25 January 2024) [pdf, 172 KB]

   ...and skill? b) If not, did DC give NL and opportunity to remedy the concerns? c) Is DC entitled to claim a full refund of $560.00? Did NL provide hairdressing services with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the services are not provided with reasonable care and skill and th...

10. TI v T Ltd [2024] NZDT 580 (16 July 2024) [pdf, 171 KB]

    ...whether the sofa was of acceptable quality, and whether it corresponded with the display model in quality. Was the sofa of acceptable quality, and did it correspond with the display model in quality? 3. 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. CGA s 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance,...