Search Results

1. KC & MC v V Ltd [2025] NZDT 14 (3 April 2025) [pdf, 111 KB]

   ...to be done and must be paid for. Was V Ltd denied its right to provide a remedy? 29. I find V Ltd was not denied a right to provide a remedy to its workmanship. 30. The provisions of both the Building Act and the Consumer Guarantees Act (the CGA) provide that where a breach of a guarantee can be remedied, the consumer is required to request the supplier to provide a remedy in a reasonable time. If no such remedy is provided then the consumer may have the remedy provided by another...

2. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services will be fit for purpose. 5. MT claims that the service was not fit for purpose as connectivity p...

3. ES v M Ltd [2023] NZDT 218 (3 May 2023) [pdf, 93 KB]

   ...to a refund of the price he paid for the car, or whether he must accept a replacement engine. CI0301_CIV_DCDT_Order Page 2 of 3 The law [5] The sale of the car by M Ltd to ES is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA sets out guarantees that apply where a trader supplies goods to a consumer, as in this case. The trader is taken to guarantee that the goods will be of acceptable quality and fit for their purpose. Section 18 of the CGA provides...

4. KQ v M Ltd [2023] NZDT 74 (24 February 2023) [pdf, 204 KB]

   ...full service or that a recent full service had been carried out. Is it an aspect of acceptable quality under the Consumer Guarantees Act 1993 that a car is sold to a consumer with a recent full service? 7. The Consumer Guarantees Act 1993 (CGA) in section 6 provides for a guarantee that goods supplied to a consumer are of acceptable quality. Section 7 of the CGA defines ‘acceptable quality’ as including fitness for purpose, being acceptable in appearance and finish, absence o...

5. NC & QC v C Ltd [2024] NZDT 840 (11 December 2024) [pdf, 99 KB]

   ...December 2024. KH represented the Respondent. 5. The issues to be resolved are: a. Was the dresser of acceptable quality? b. If not, what remedy is appropriate? Was the dresser of acceptable quality? 6. The Consumer Guarantees Act 1993 (“CGA”) applies. The CGA implies into the sale a guarantee that the dresser is of acceptable quality and reasonably fit for purpose. In the event of a CI0301_CIV_DCDT_Order Page 2 of 3 substantial failure, the consumer is entitl...

6. KT & NT v N Ltd [2024] NZDT 374 (31 May 2024) [pdf, 178 KB]

   ...service that is ordinarily acquired for personal or domestic use or consumption and as such is subject to the guarantee that the service will be supplied with reasonable care and skill as provided in s.28 of the Consumer Guarantees Act 1993, the CGA. Where there has been a failure to so render a service the consumer is entitled to exercise the options set out in s.32 of the CGA. 6. Typically, a consumer would request the provider to remedy the failure but in the case, the concrete c...

7. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...the items purchased by KC, that the purchase was on an ‘as is where is’ basis, and the rule of Caveat Emptor applied. (f) For completeness, I note that M Ltd does not owe any obligations to KC under the Consumer Guarantees Act 1993 (“the CGA”) and the implied guarantees of acceptable quality and fitness for purpose that apply to contracts between suppliers in trade and consumers regarding the supply of goods, do not apply to auctioneers. This is because auctioneers are specif...

8. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

   ...amount charged was $6350.69+GST which was for 2 days of vegetation clearing. 20. In terms of what was actually carried out by TO, because this item was priced as a provisional sum, it will be looked at in terms of ‘reasonable price’ under the CGA guarantee (section 31). TX has provided photographs of the site before work began which appear to show a vegetation clearing job of minimal scope. TO’s invoices seem to indicate that a small amount of vegetation was removed from sit...

9. NB & TL v UQ Ltd [2021] NZDT 1657 (13 July 2021) [pdf, 191 KB]

   ...licensed builder and breach the Fair Trading Act 1986? (b) If so, were NB and TL entitled to cancel the contract? (c) Was the work carried out with reasonable care and skill and the restoration reasonably fit for purpose: Consumer Guarantees Act 1993 (CGA) (d) If not, what is the remedy? (e) Are NB and TL entitled to the return of the deposit? Counterclaim: (f) Were NB and TL entitled to cancel the contract? (g) Did NB and TL breach the contract? (h) If so, what is the remedy?...

10. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

    ...Consumer Guarantees Act? e) Is NK entitled to the sum claimed? Was the repair of the rust by EI Ltd carried out with reasonable care and skill? 4. This claim concerns a contract for the supply of services. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 5. A consumer under the CGA includes a person who acquires services ordinarily acquired for...