Search Results

1. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...for consideration are: a. Was the cooktop of acceptable quality? b. If not, what is the remedy? Was the cooktop of acceptable quality? 10. When a supplier provides goods to a consumer in trade, the Consumer Guarantees Act 1993 (“the CGA”) implies a guarantee that the goods supplied are of acceptable quality (section 6 of the CGA). 11. These guarantees are assessed on an objective standard, that is, what a reasonable consumer would expect from a reasonably competent supp...

2. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...working (including a bedside light and bedroom light), there was food in the fridge from previous guests and CD had to be called to the cottage to fix Wi-Fi coverage by rebooting the modem. NC has made his claim under the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee to consumers that services provided by suppliers will be with reasonable care and skill. 10. KD and CD believe that the items mentioned by NC are trivial. I agree that each item is min...

3. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...RESPONDENT U Ltd The Tribunal orders: U Ltd is to pay $19,814.50 to MD by 20 August 2024. Reasons Did U Ltd fail to supply a service with reasonable care and skill? 1. Part 4 of the Consumer Guarantees Act 1993 (CGA) provides guarantees for consumers who are supplied services in trade. Section 28 provides that “where services are provided there is a guarantee that the service will be provided with reasonable care and skill.” MD has claimed that the...

4. FD, GN, LN, UT, NE, & NP v BQ Ltd [2022] NZDT 165 (18 October 2022) [pdf, 162 KB]

   Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 165 APPLICANT FD APPLICANT GN APPLICANTS LN and UT APPLICANTS NE and NP RESPONDENT BQ Ltd The Tribunal orders: BQ Ltd is to pay $1,170.00 to the applicants by 8 November 2022. Reasons Was the service provided with reasonable care and skill? 1. The six applicants booked a guided walking trip wit

5. LI v MB Ltd [2022] NZDT 158 (21 September 2022) [pdf, 115 KB]

   ...(c) If the answer to either of the above is “yes”, whether LI is entitled to damages for any loss suffered and if so, how much. Has MB Ltd failed to provide its service to LI with reasonable care and skill? 8. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA implied into all consumer contracts, that where a service is supplied by a supplier, the service will be carried out with reasonable care and skill (S.28 CGA). That means the reasonable care and rea...

6. MO & SO v QC Ltd [2022] NZDT 157 (28 September 2022) [pdf, 142 KB]

   ...4. The issues to be determined are: • What was the likely cause of the pool collapse? • Did TI breach its duty of care to the MO and SO and did TI carry out its work with reasonable care and skill as per the Consumer Guarantees Act 1993 (‘CGA’)? CI0301_CIV_DCDT_Order Page 2 of 4 • What remedy, if any, is available to MO? What was the likely cause of the pool collapse? 5. As stated above, MO and SO point out that the pool collapsed a day after excavations on site...

7. EL v CF Ltd [2022] NZDT 81 (30 March 2022) [pdf, 112 KB]

   ...establish that the car’s roof mechanism was defective at the time he bought the car, and that the other costs he claims were the result of that defect. The law [13] The sale of the car is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides a guarantee that goods provided by traders to consumers will be of acceptable quality. Goods are of acceptable quality if, among other things, they are acceptable in appearance and finish, and free from minor defects,...

8. GE v M Ltd [2022] NZDT 86 (17 January 2022) [pdf, 135 KB]

   ...determined are what were the terms and conditions of the contract, has the contract been cancelled for repudiation, and what amount would be payable under the contract. 6. GE submitted that the dispute is covered by the Consumer Guarantees Act 1993 (CGA). Section 28 and 29 of the CGA provides guarantees for consumers that the services provided will be carried out with reasonable care and skill and that the product resulting from that service will be reasonably fit for its particular p...

9. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...humiliation”. 14. The hearing took place by phone on 18 September 2023. DX and STX participated in the hearing. I was not able to contact SCX on the phone number provided. Law 15. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 16. Where services are provided to a consumer there is a guarantee that: a. The services will be provided with “reasonable care and skill”; and b. Any product from the service will be fit for the purpose that the cons...

10. GL Ltd v MD [2020] NZDT 1369 (14 October 2020) [pdf, 208 KB]

    ...contract with GL Ltd and regardless of whether or not she read the terms of engagement made available to her, she is bound by them. Did BC/GL Ltd provide its services to MD with reasonable care and skill? 11. 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 services with reasonable care and skill (section 28, CGA). MD contends that BC did not meet client care requir...