Search Results

1. 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...

2. MC v N Ltd [2025] NZDT 171 (30 April 2025) [pdf, 215 KB]

   ...done? 13. I find on the balance of probabilities that the agreed work was done. Was that work done with reasonable care and skill? 14. The law that applies to MC’s claim against N Ltd is set out in the Consumer Guarantees Act 1993 (“the CGA”). Where services are supplied to a consumer by a supplier, the CGA implies various guarantees, including that the services will be carried out with reasonable care and skill (s28 of the CGA) and that the services and any product resulti...

3. 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)....

4. 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...

5. 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...

6. 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...

7. GD v TN & NN [2025] NZDT 92 (5 May 2025) [pdf, 208 KB]

   ...grounds that XT did not complete publication. 11. The hearings took place by phone on 24 February, 31 March, and 6 May 2025. Discussion 12. GD is a person in trade who supplies services to consumers. The Consumer Guarantees Act 1993 (“CGA”) applies. 13. The CGA states that service providers must exercise “reasonable care and skill”. This duty applies to all aspects of the professional service. 14. Much of the conflict between the parties is due to disappointe...

8. 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...

9. 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...

10. 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...