Search Results

1. DM v VN Trustees Ltd [2014] 723 ( 31 October 2014) [pdf, 146 KB]

   ...kitchen window relocation and delays. The counter-claim is reduced to $15,000.00 to fall within the monetary jurisdiction of the Disputes Tribunal. [8] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (‘CGA’). As discussed at the hearing, the Tribunal’s jurisdiction in negligence is restricted to damage to or loss of property so does not include economic loss resulting from professional negligence. The counter-claim will therefore be cons...

2. QT v B Ltd [2024] NZDT 148 (10 April 2024) [pdf, 142 KB]

   ...between [address 2] been carried out with reasonable care and skill? 17. There is insufficient evidence to support a finding that the work by [B Ltd] on the boundary bank is defective. 18. It is likely that the Consumer Guarantees Act 1993 (CGA) applies to the work carried out by B Ltd The CGA applies when there is a supply of services of a kind which are ordinarily acquired for personal, domestic or household use. The services provided here are earthworks for a new house which is...

3. MO & HD v IE Ltd [2022] NZDT 285 (23 November 2022) [pdf, 154 KB]

   ...to build their new house within their budget. 12. Even though I am not persuaded that IE Ltd made an explicit representation that it would produce a design that could be built within the applicants’ budget, the Consumer Guarantees Act 1993 (CGA) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 13. While this project occurred within a context of indus...

4. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [pdf, 263 KB]

   ...on that basis, I am not persuaded the applicant is entitled to cancel the sale. Of course, if any future fault arises the applicant is entitled to rely upon the provisions of the Consumer Guarantees CI0301_CIV_DCDT_Order Page 3 of 4 Act 1993 (CGA) and is not limited by the respondent’s limited express warranty or lack of [dryer brand] warranty. [12] The issue however is different with the dryer. I accept the applicant’s evidence, supported by the sticker referred to above, that...

5. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...terms of the contract relating to payment, I do not consider that they can constitute ‘harsh or unconscionable’ terms. Did OL Ltd provide its advocacy services to TG with reasonable care and skill? 10. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 11. In considering whether or not OL Ltd provided it...

6. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

   ...2023. 28. Accordingly, the Tribunal finds that HE and QE are liable for interest in the amount of $1,257.12. Is FB Ltd liable for the replacement of the 4 doors that HE and QE are now unhappy with? 29. The Consumer Guarantees Act 1993 (CGA) applies. The CGA requires that HE and QE notify FB Ltd of any defects within a reasonable time. HE and QE notified FB Ltd that they were unhappy with the width of the door W12 opening shortly after installation. CI0301_CIV_DCDT_Orde...

7. KM v S Ltd [2024] NZDT 624 (16 July 2024) [pdf, 224 KB]

   ...and if so, how much. Law 7. The law to be considered in determining this claim is the law of contract, the terms of the contract, the guarantees as to reasonable care and skill, fitness for purpose, and price in the Consumer Guarantees Act (CGA), the provisions of the Fair Trading Act (FTA) in relation to misleading and deceptive conduct, and false or misleading representations. I have also considered the provisions of the Innkeepers Act and the old Roman law as to duties of an inn...

8. FE v TVL [2016] NZDT 966 (3 August 2016) [pdf, 132 KB]

   ...incorrect products? c) Failing to identify any underlying moisture problem? What is the likely cause of the problem? What remedy, if any, is available to the FEs? Has TVL failed to meet the Consumer Guarantees Act 1993 (‘CGA’) guarantee of reasonable care and skill by misapplying new coatings? I find that TVL has not misapplied the coatings based on their evidence from witnesses, Mr CD from the paint manufacturer, who provided the original coating...

9. LL & NL v KI [2023] NZDT 745 (12 December 2023) [pdf, 182 KB]

   ...and NL to get a refund of the $1,200.00 paid? Did KI provide shower installation services with reasonable care and skill? 7. The relevant law is the general principles relating to the law of contract and the Consumer Guarantees Act 1993 ‘CGA’. The 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 service and any product resulting from the service is...

10. GU & OG v T Ltd [2024] NZDT 4 (5 January 2024) [pdf, 195 KB]

    ...probabilities. Although I have reviewed all the parties’ evidence and submissions, I have only referenced what I find necessary to give context to my decision. Are the cabinet doors of acceptable quality? 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic, or household use. Under sections 6 and 7 of the CGA a guarantee is provided that goods are to be of acceptable quali...