Search Results

1. OL v CD Ltd [2023] NZDT 711 (19 December 2023) [pdf, 230 KB]

   ...more than personal consumer use. However, neither party has provided me with any reliable evidence on which to make any finding on this point and I am satisfied that on the surface at least this is a sale governed by the Consumer Guarantees Act 1993 (CGA) because the goods supplied by the respondent to the applicant were of a kind ordinarily acquired for personal use. Even if I am wrong in this finding, the outcome would be the same given the scooters failed within two to three days, leadi...

2. NH Ltd v OZ Ltd [2023] NZDT 396 (9 August 2023) [pdf, 190 KB]

   ...and consideration paid for those services. This resulted in a course of dealing which was accepted by both parties until April 2023. Did the applicant provide her services with reasonable care and skill? 10. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person who is in the business of providing that service. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will...

3. BI v K Ltd [2023] NZDT 243 (17 March 2023) [pdf, 101 KB]

   ...plastering and gib fixing must be of the same standard of care and skill used by other professionals doing the same type of work. The implied warranties under the BA are very similar to the implied guarantees under the Consumer Guarantees Act 1993 (CGA) that may also be relevant to BI’s claim (s 28). Page 2 of 4 4. At the hearing, both parties submitted evidence including video, photos of work that was carried out by K Ltd, photos of remedial works attempted by K Ltd and ass...

4. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...and ACD are entitled to have the work carried out by another tradesman at ZYA’s expense; (ii) If so, what compensation should be paid by ZYA? Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. Th...

5. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...covered under X Ltd’s policy. d. Whether KD lost his opportunity to remediate the bike. Consideration of the issues Did N Ltd fail to complete the work on KD’s bike within a reasonable time? 11. Under the Consumer Guarantees Act 1993 (CGA) there is a guarantee that service will be completed within a reasonable time where the time of completion cannot be determined by reference to the contract or course of dealings (s30 of the CGA). 12. Consumers are also entitled to...

6. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 29 BETWEEN AAZ FIRST APPLICANT AND ABA SECOND APPLICANT AND ZZE FIRST RESPONDENT AND ZZD LTD SECOND RESPONDENT Date of Order: 25 February 2013 Referee: Referee Blake ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] On 6 August 2012, AAZ and ABA visited BC in [a place]. ABA viewed several pieces,

7. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...inspecting the cabin, ES would always have had the protection of the Consumer Guarantees Act if she had discovered problems with the cabin after installation, and on a practical level a supplier is usually more willing to fulfil their obligations under the CGA if they have been paid (even though the obligations apply regardless of payment). Was CP Ltd entitled to remove the doors and windows and take them away from site? 9. While I agree with CP Ltd’s position that ES should have m...

8. QC v OC [2023] NZDT 59 (21 February 2023) [pdf, 167 KB]

   ...Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 all rely on QC having made a false statement or representation about B’s [feature] and/or whether she was ‘show quality’, or, in the case of the CGA her ‘fitness for a purpose made known to him’ (because there would only have been a failure of the guarantee of acceptable quality if it were established that being show quality was a requirement Mrs Bott had communicated to QC). A...

9. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B Transport is a ‘supplier’ for the purposes of the CGA with respect to its carpark operations because it is deemed to be ‘in trade’ in that situation (it is not �...

10. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

    CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1692 APPLICANT AJ RESPONDENT IO Ltd SECOND RESPONDENT TF Ltd The Tribunal orders: A. IO Ltd is to pay AJ $2,019.00 on or before 24 December 2021. B. TF Ltd is to pay AJ $250.00 on or before 24 December 2021. Reasons 1. In about March 2021 AJ purchased a washing machine from IO Ltd, operated by the I