Search Results

1. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...motor was outside the warranty and the parts supplier would not provide any compensation. Law 13. The law of contract and Consumer Guarantees Act 1993 apply. Although the motor was covered by a 90-day supplier warranty, the rights under the CGA are additional to any rights under the warranty. 14. The CGA provides for implied guarantees in all consumer contracts that goods supplied will be of acceptable quality (ss 6 and 7), services will be carried out with reasonable care and sk...

2. HK v UB Ltd [2024] NZDT 252 (28 March 2024) [pdf, 199 KB]

   ...contract to writing. Taking that careful approach, any misunderstanding between the parties could have been avoided. Did UB Ltd fail to carry out its work with reasonable care and skill? 11. There is a guarantee in the Consumer Guarantees Act (CGA) that a supplier of a service will carry out its service with reasonable care and skill (S.28 CGA). That means the care and skill of a competent tradesperson. 12. I made a site visit with HK, HK’s son BK, CG and CB (UB Ltd’s employe...

3. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...timing of payments and interest? • What is payable on the claim and counter-claim? Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sect...

4. UX v J Ltd [2023] NZDT 105 (16 March 2023) [pdf, 204 KB]

   ...answer to either of the above is “no”, is UX entitled to return the machine and to receive damages in compensation, or some other remedy. (d) What should happen to the machine. Law 7. I have considered whether the Consumer Guarantees Act (CGA) applies to the sale and purchase of the UTV. I have decided it does not. The CGA applies to goods ordinarily acquired for personal domestic or household use (S.2 CGA). J Ltd’s IH said that J Ltd sells these machines solely to farmers....

5. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

   ...to a construction fault. 22. There is no evidence to suggest that the problem is due to the failure of any particular component. 23. The warranty does not cover the type of defect that FM alleges. Consumer Guarantees Act 1993 (“CGA”) 24. The CGA applies when goods are supplied to a consumer. 25. A consumer is defined as a person who:1 Acquires from a supplier goods or services that are ordinarily acquired for personal, domestic, or household use or consumpti...

6. BE v TD Ltd [2023] NZDT 317 (25 July 2023) [pdf, 190 KB]

   ...me to decide is whether the knocking noise that BE has identified is a defect in the car that she bought and, if so, what remedy should be available to her. The law The purchase of the car was covered by the Consumer Guarantees Act 1993 (“the CGA”). Although the purchaser from TD Ltd was BE’s father, her evidence, which I accept, was that he purchased it on her behalf. Thus, BE is entitled to any claims that there might be against TD Ltd under the CGA. The CGA provides guarant...

7. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

   ...it is more likely than not that the problem preventing the [ventilation] system from working properly was a faulty controller. Was QK entitled to an opportunity to remedy and if so, has he had that opportunity? 16. The Consumer Guarantees Act (CGA) applies. A supplier of a service is required to carry out the work with reasonable care and skill (S.28 CGA). The product of the service must be fit for the particular purpose made known by the consumer (S.29 CGA). 17. If there has bee...

8. KC & MC v V Ltd [2025] NZDT 14 (3 April 2025) [pdf, 111 KB]

   ...to be done and must be paid for. Was V Ltd denied its right to provide a remedy? 29. I find V Ltd was not denied a right to provide a remedy to its workmanship. 30. The provisions of both the Building Act and the Consumer Guarantees Act (the CGA) provide that where a breach of a guarantee can be remedied, the consumer is required to request the supplier to provide a remedy in a reasonable time. If no such remedy is provided then the consumer may have the remedy provided by another...

9. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services will be fit for purpose. 5. MT claims that the service was not fit for purpose as connectivity p...

10. ES v M Ltd [2023] NZDT 218 (3 May 2023) [pdf, 93 KB]

    ...to a refund of the price he paid for the car, or whether he must accept a replacement engine. CI0301_CIV_DCDT_Order Page 2 of 3 The law [5] The sale of the car by M Ltd to ES is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA sets out guarantees that apply where a trader supplies goods to a consumer, as in this case. The trader is taken to guarantee that the goods will be of acceptable quality and fit for their purpose. Section 18 of the CGA provides...