Search Results

1. 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...

2. 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...

3. 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,...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...