Search Results

1. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

   ...time? b. If not, are KX and KD entitled to claim compensation of $5,592.00 Did B Ltd take reasonable steps to notify KX and KD about the updated departure time so that they could get to the gate on time? 5. The Consumer Guarantees Act 1993 (CGA 1993) implies into all consumer contracts a set of minimum standards (guarantees) for services when they are supplied in trade to consumers. The services must be provided with reasonable care and skill. In addition, B Ltd’s. conditions of...

2. UO v TQ Ltd [2023] NZDT 562 (14 November 2023) [pdf, 97 KB]

   ...terms highlighted in that document, and I conclude that it did not become part of the contract. Did TQ Ltd carry out its service with reasonable care and skill, and was it fit for the purpose? 10. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes kno...

3. NT v J Ltd [2023] NZDT 489 (26 September 2023) [pdf, 183 KB]

   ...the company carry out the services with reasonable care and skill? b. If not, what sum, if any, must the company pay? Did the company carry out the services with reasonable care and skill? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 5. There was no dispute that the bus departed [Town 2] without NT, but the company’s po...

4. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...Did ME exercise reasonable care and skill when he produced the pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is that he exercised reasonable care and skill when he produced t...

5. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...was a contract between the parties for the sale and purchase of the lehenga at the price of $1,250.00 and delivery by 28 November. C Ltd breached that contract. They breached the guarantee relating to delivery under the Consumer Guarantees Act 1993 (CGA) (s5A). 4. S5A also provides that where the breach is one of “substantial character” then the consumer may reject the goods cancel the contract and in addition, obtain from the supplier damages for any loss or damage to the consume...

6. UH v D Ltd [2024] NZDT 45 (2 February 2024) [pdf, 179 KB]

   ...contracted and with reasonable care and skill? 6. Contract law recognises contracts can include both express terms agreed between parties, and terms which may be implied. Terms implied by law include those 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 CI0301_CIV_DCDT_Order Page 2 of 4 section 28 CGA which requires that servic...

7. BL v E Ltd & UFH Ltd [2024] NZDT 655 (15 July 2024) [pdf, 218 KB]

   ...against E Limited. 5. The issue for the Tribunal to determine is whether E Limited, as the manufacturer of the system, have any responsibility or liability for the failed installation? 6. The relevant law is the Consumer Guarantees Act 1993. (CGA) Whether E Limited, as the manufacturer of the system, have any responsibility or liability for the failed installation? 7. S25 of the CGA provides for circumstances where consumers have a right of redress against manufacturers....

8. LW v N Ltd [2024] NZDT 352 (13 May 2024) [pdf, 133 KB]

   ...purpose of applying for an exception and it has not done this. The issue to be resolved is what is a fair outcome for both parties? What is a fair outcome for both parties? 7. The relevant laws are that of the Consumer Guarantees Act 1993 (CGA) and the law of quasi contract: a. CGA: section 31 of the CGA provides that where services are supplied to a consumer, and the price has not been agreed, there is a guarantee that the consumer will not pay the supplier more than a reaso...

9. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

   ...occurred during the move? CI0301_CIV_DCDT_Order Page 2 of 4 7. The relevant law is contract law, Part 5 Subpart 1 of the Contract and Commercial Law Act 2017 (CCLA), dealing with carriage of goods. Also, the Consumer Guarantees Act 1993 (CGA) which inserts certain guarantees into contract between suppliers of services in trade and consumers. What kind of contract of carriage was it? 8. Under CCLA s 248 and 249, the liability of a carrier for loss or damage to goods unde...

10. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

    ...and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking process, I consider it more appropriate...