Search Results

1. DD & UD v AX & Ors [2024] NZDT 187 (26 March 2024) [pdf, 212 KB]

   ...car]? • Are UD/DD liable to pay costs of repair to the [courtesy car]? • Is the $2000.00 deposit initially paid to N Ltd refundable? Was the [Vehicle 2] sold to DD and UD of acceptable quality? 11. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers that goods will be of acceptable quality, the relevant aspects of the meaning of acceptable quality in this case being that the car is as free of minor defects and as durable "as a reason...

2. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...that there was a further breach of contract and in my findings below. Were ST Ltd’s concreting services carried out with reasonable care and skill and is the product of the service fit for purpose? 15. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable CI0301_CIV_DCDT_Order Page 3 of 5 care and skill and that the product resulting fr...

3. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

   ...as well as a professional one. Did MA or JO Ltd provide job seeking services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 3 of 5 19. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 20. AM said there was a failure in this case because BM interviewed for a job at a restaurant that was recommended by JO Ltd. Ho...

4. TX v QC Ltd [2023] NZDT 94 (22 March 2023) [pdf, 172 KB]

   ...the cost of repairs to the vehicle. 3. The issues to be determined are as follows: a. Was the car of acceptable quality? b. If not, what remedy is TX entitled to? Was the car of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable and free from minor def...

5. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...platform]. 3. At that point, the respondent said they would only assist with the problem once the negative feedback was removed. In taking this stance, the respondent failed to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) to remedy a failure when given the opportunity to do so. 4. As the respondent did not remedy the failure within a reasonable time, the applicant is entitled to reject the goods and obtain a refund as per the CGA provisions. Because th...

6. OD v Q Ltd [2024] NZDT 738 (16 October 2024) [pdf, 165 KB]

   ...available to attend the telephone hearing today so the hearing proceeded in their absence. 4. I find that Q Ltd was obliged to remedy the original failure of acceptable quality in a reasonable timeframe under the Consumer Guarantees Act 1993 (‘CGA’) and failed to do so. They appear to have also breached the Fair Trading Act 1986 by recommending a potential remedy which would breach the warranty without informing OD of that and then using that as a basis to decline further remedie...

7. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

   ...Consumer Guarantees Act 1993. What remedy is available to DA? [16] I find that, due to the breach of guarantees outlined above, DA is entitled to have the bike checked and reassembled properly by another supplier under section 32(a)(ii)(A) of the CGA and is entitled to additional damages under section 32(c) of the CGA. [17] The estimated cost of reassembly/inspection is awarded at $250.00 and the amount paid for registration for the time it was in the workshop (before...

8. DJ v VQ Ltd [2016] NZDT 897 (12 February 2016) [pdf, 22 KB]

   ...says attempts at contacting VQ re the problems yielded no response. DJ also claims his fence has been marked during the spraying and he claims a refund of the full price paid ($1,300). [3] The relevant law is the Consumer Guarantees Act 1993 (CGA). Issues [4] Was the patchy lawn caused by any failure on the part of VQ to provide their hydro- seeding service with reasonable care and skill? [5] What remedy, if any, is available? Was the patchy lawn caused by any failure on the par...

9. BC v BT [2021] NZDT 1625 (12 July 2021) [pdf, 175 KB]

   ...the battery failed prematurely and that the problem with the external charger was a fault he should not have to pay for. 3. The question is whether the laptop failed the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA). Did the battery fail prematurely? 1. In order to get the best information about the state of the battery and repairs, the agent was phoned from the hearing. Unfortunately, because of BC’s delay in making the claim, the...

10. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

    ...had already been a failure of guarantee by B Ltd because they had not provided the service in a reasonable timeframe (or followed up in order to do so) as per the guarantee of reasonable timeframe for services in the Consumer Guarantees Act 1993 (‘CGA’). The responsibility to ensure the job proceeds in a reasonable timeframe lies with the supplier, particularly once they have accepted a 50% part-payment, so even if there had been a misunderstanding about who was waiting on contact from...