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1. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...bins of acceptable quality? 5. Contract law recognises contracts can include both express terms agreed between parties, and also implied terms. Terms implied into a contract by law include those such as under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an accep...

2. C Ltd v CZ [2024] NZDT 779 (11 November 2024) [pdf, 387 KB]

   ...are: a. What was the agreement, if any, between the parties regarding what work C Ltd was to do, how it was to be paid for and when it was to be completed? b. Is C Ltd in breach of the contract and / or the Consumer Guarantees Act 1993 (“CGA”) and / or the Building Act 2004 (“BA) by – i. not completing the work within an agreed time or otherwise a reasonable time? ii. Not carrying out its work with reasonable care and skill? iii. Not carrying out the work in accorda...

3. LC v TL and UB Ltd t-a HE [2021] NZDT 1668 (22 October 2021) [pdf, 150 KB]

   ...immediate denture of acceptable quality? b. Was the conventional denture of acceptable quality? c. If not, is LC entitled to $2,502.00? Was the immediate denture of acceptable quality? 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides that where goods are supplied to a consumer there is a guarantee that they are of acceptable quality. Section 7 provides that goods are of ‘acceptable quality’ if they are fit for all the purposes for whic...

4. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts between consumers and traders providing goods and/or services. Failure to, for example, provide services with reasonable care and skill is a breach of the Act for which the consumer may claim remedies....

5. HI v B Ltd [2024] NZDT 8 (29 February 2024) [pdf, 231 KB]

   ...is seeking a refund of the $400.00 that was charged to his credit card for the booking and the Disputes Tribunal filing fee of $45.00. 6. The issues the Tribunal has to consider are: a. Did B Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by not providing its service of accommodation with reasonable care and skill? b. Did B Ltd breach the Fair Trading Act 1986 (“FTA”) by making a misleading representation about the accommodation? c. If the CGA was breached,...

6. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 32 KB]

   ...extent of providing legal advice. I make reference to this issue now in order to explain the manner in which I have set out the relevant law. [14] This claim is based in the tort of negligence and on the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides consumers with a right of redress against suppliers and manufacturers in respect of any failure of goods or services to comply with the guarantees provided under the CGA. There is no dispute that the liquid...

7. HT v SE [2020] NZDT 1397 (15 May 2020) [pdf, 189 KB]

   ...Trader (and therefore should be registered) if he is selling more than 6 vehicles in a 12 month period (or imported more than 3) and would be, in any event, "in trade" as a supplier for the purposes of the Consumer Guarantees Act 1993 ('CGA'). 6. HT says that when he picked up the car from SE’s home, there were multiple cars for sale in his yard/outside SE’s house and he has also seen multiple ads for different cars on SE’s Facebook page. He provided examples...

8. BX v PN Ltd & NN Ltd [2021] NZDT 1575 (5 August 2021) [pdf, 215 KB]

   ...noted that the company PN Ltd is not relevant to these proceedings. That company was not formed until after the sale to BX, and it was named in these proceedings in error. Findings 9. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 10. Section 6 CGA states that where goods are supplied to a consumer there is a guarantee that the goods must be of “acceptable quality”. 11. Section 7 CGA defines acceptable quality. It states that goods are of acceptable...

9. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...compensation because a 2016 Mazda CX3 purchased by the company was rusting where the aerial connects with the roof. The rust was hidden by a vinyl covering on the roof at the time of sale. 2. Sections 6 of the Consumer Guarantees Act 1993 (CGA) states that goods supplied to a consumer come with a guarantee of acceptable quality. The meaning of “acceptable quality” is set out in section 7. The guarantee of “acceptable quality” includes “free from minor defects” as a re...

10. ET v T Ltd [2023] NZDT 109 (1 March 2023) [pdf, 204 KB]

    ...consequence of a fault / defect with the phone itself, and not due to any careless handling by ET. 16. ET’s claim seeks a refund of the purchase price, and compensation for inconvenience. 17. The relevant law is the Consumer Guarantees Act 1993 (CGA). 18. Section 6 CGA states that where goods are supplied to a consumer, there is a guarantee that the goods must be of acceptable quality. 19. Section 7 CGA defines acceptable quality as follows: Goods are of acceptable quali...