Search Results

1. SE & EE v UT & D Ltd [2024] NZDT 889 (13 December 2024) [pdf, 100 KB]

   ...issues I have to consider are: a. Was the caravan of acceptable quality? b. If not, what remedy is appropriate? Was the caravan of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 7. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) requires that goods supplied to a consumer are of an acceptable quality. Section 7 of the CGA outlines what amounts to acceptable quality, including that the goods are fit for the purpose for which they are commonly supplied; accep...

2. AGP v ZTZ Ltd [2009] NZDT 554 (23 November 2009) [pdf, 69 KB]

   IN THE DISPUTES TRIBUNAL [2009] NZDT 554 BETWEEN AGP APPLICANT AND ZTZ Ltd RESPONDENT Date of Order: 23 November 2009 Referee: Referee Benson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is transferred to the Motor Vehicle Disputes Tribunal at Auckland. [1] In January 2003, AGP purchased a new Peugeot 307 motor vehicle from ZTZ Ltd. In 2009, the automatic transmission

3. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

   ...accept that they then agreed in August/September to a new carport for $5,800.00, which was paid but subsequently refunded. 5. In addition to these terms, where a supplier in trade provides services to a consumer the Consumer Guarantees Act 1993 (CGA) applies. This Act set outs guarantees, including those detailed below, and specific remedies. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome that was reasonably fit for purpose within any agreed timeframe...

4. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   ...between the parties, there is not sufficient evidence for me to find that the course of dealings established an implied term in respect of the price for materials and labour. 26. N LTD’s services are subject to the Consumer Guarantees Act 1993 (“CGA”). 27. Section 31 CGA states that where services are provided to a consumer there is a guarantee that the consumer is not liable to pay more than a reasonable price for the service. Section 11 CGA has an identical provision in r...

5. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...appropriate remedy? (b) Is the amount claimed proved and reasonable? Is IC and/or UI entitled to a full replacement of the floor from UT and/or HU, or is there another more appropriate remedy? 16. The Consumer Guarantees Act 1993 (“the CGA”) implies certain guarantees into contracts for the supply of goods and services between suppliers and consumers. A “consumer” means a person who acquires goods and services of a kind ordinarily acquired for personal, domestic or house...

6. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of...

7. LN & TN v TT Ltd [2024] NZDT 152 (1 March 2024) [pdf, 206 KB]

   ...addressed the evidence and arguments to the extent necessary to explain my decision. Whether the service was provided with reasonable skill and care and fit for purpose? CI0301_CIV_DCDT_Order Page 2 of 4 6. The Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill. Broadly “reasonable” means what a reasonable consumer would expect in the circumstances, including having regard to the price and any discussion between the parties...

8. ES Ltd v OH & TH [2024] NZDT 214 (28 March 2024) [pdf, 134 KB]

   ...unsatisfactory. The issue [10] I must consider whether ES Ltd is entitled to payment of the balance of its account, and whether the respondents are entitled to the compensation that they seek. The law [11] The Consumer Guarantees Act 1993 (“the CGA”) applies to the services supplied by ES Ltd to OH and TH. The CGA imposes guarantees, where tradespersons supply services to consumers, that the services will be provided with reasonable care and skill, and the result of the serv...

9. CG v UD Ltd [2024] NZDT 270 (28 April 2024) [pdf, 189 KB]

   ...while CG feels they have failed to deliver on their promises, my view is that UD Ltd have conducted the trip with all the inclusions outlined. Was the tour provided with reasonable care and skill? 12. The Consumer Guarantees Act 1993 (“CGA”) provides that all services must be provided with reasonable care and skill. This means that any work done must be at least as good as the work of a competent person with average skills and experience for that type of work. Reasonable ski...

10. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

    ...and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees contained in the Act, such as being fit for the pu...