Search Results

1. 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...

2. 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...

3. 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...

4. NW & NG v TM Ltd [2023] NZDT 579 (16 November 2023) [pdf, 115 KB]

   ...product of the service fit for purpose? • What remedy is available to the applicants? Did TM Ltd provide its services with reasonable care and skill and was the product of the service fit for purpose? 6. 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 (...

5. DI v H Ltd [2024] NZDT 684 (11 September 2024) [pdf, 185 KB]

   ...acceptable quality on 15 September 2023? c. If not, is $2,832.33 a reasonable value for H Limited to pay to DI in compensation? Was the vehicle fit/safe for towing a boat on 15 September 2023? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 8 of the CGA provides a guarantee that goods are reasonably fit for any particular purpose that the consumer makes known. Here DI had advised H Limited that he was purchasing the vehicle for the purpose of towing his boat...

6. BL v R Ltd & U Ltd [2024] NZDT 865 (15 August 2024) [pdf, 96 KB]

   ...claim against R Ltd. 5. The issue for the Tribunal to determine is whether R Ltd, as the manufacturer of the system, have any responsibility or liability for the failed installation? 6. The relevant law is the Consumer Guarantees Act 1993. (CGA) whether R Ltd, as the manufacturer of the system, have any responsibility or liability for the failed installation? 7. S25 of the CGA provides for circumstances where consumers have a right of redress against manufacturers. The pro...

7. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...II and BI are liable to pay the whole or any part of the amount claimed by XL; and (g) if XL is liable to pay the whole or any part of the amount claimed by II and BI. [6] The applicable law is the law of contract and the Consumer Guarantees Act (CGA). Section 6 of the CGA implies a guarantee to the effect that goods supplied must be of an acceptable quality. Section 28 of the CGA implies a guarantee to the effect that services will be supplied with reasonable care and skill and section...

8. T Ltd v TN [2022] NZDT 101 (9 September 2022) [pdf, 174 KB]

   ...work. Did T Ltd carry out the work with reasonable care and skill, and was it fit for the purpose? 8. Since septic tank services are ordinarily acquired for personal, domestic, or household use or consumption, the Consumer Guarantees Act 1993 (CGA) applies. CGA 28 provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the con...

9. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

   ...refund $1,500.00 to BT? c. Does the Tribunal have jurisdiction to hear a claim for stress, slander and derogatory comments? Did US carry out her services with reasonable care and skill? 6. 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. 7. I find, on the balance of probabilities, that US did not carry o...

10. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

    ...Consumer Guarantees Act 1993? 4. A breach of section 9 of the Fair Trading Act 1986 (FTA) occurs if a person in trade acts in a way that is misleading or deceptive, or is likely to mislead or deceive. A breach of the Consumer Guarantees Act 1993 (CGA) may occur if services are provided by a person in trade without exercising the necessary care and skill. 5. NM’s allegation was that he was presented with two options when the flights were changed by the airline. The first was he...