Search Results

1. OD v Q Ltd [2024] NZDT 422 (14 May 2024) [pdf, 112 KB]

   ...weeks a reasonable time for Q Ltd to remedy the failure? c. If not, is $2,000.00 a reasonable value for Q Ltd to refund OD? Was the laptop fit for the purpose OD had made known to Q Ltd? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 8 of the CGA provides that where goods are supplied to a consumer they will be reasonably fit for any particular purpose that the consumer makes known. 6. I find, on the balance of probabilities, that OD had made it known to t...

2. DN v BO [2024] NZDT 430 (6 June 2024) [pdf, 184 KB]

   ...skill and fit for purpose? 3. I find that the painting of the driveway was not done with reasonable care and skill and was not fit for purpose because the driveway is now slippery and dangerous when it is wet. 4. The Consumer Guarantees Act 1993 (CGA) provides that where services of a domestic nature are provided there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for any purpose the consumer makes known to the supplier....

3. LQ v LE [2024] NZDT 590 (31 July 2024) [pdf, 178 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 590 APPLICANT LQ RESPONDENT LE The Tribunal orders: The claim is dismissed. Reasons 1. LQ purchased a [vehicle] from LE in December 2023 after seeing the car advertised on Trade Me. He paid $9,700 after meeting LE and taking the car for a test drive, but within a few days of purchase a dashboard light came on – diagnosis initially sh

4. SE & EE v UT & D Ltd [2024] NZDT 889 (13 December 2024) [pdf, 100 KB]

   ...issues I have to consider are: a. Was the caravan of acceptable quality? b. If not, what remedy is appropriate? Was the caravan of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 7. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) requires that goods supplied to a consumer are of an acceptable quality. Section 7 of the CGA outlines what amounts to acceptable quality, including that the goods are fit for the purpose for which they are commonly supplied; accep...

5. QC v G Ltd [2025] NZDT 106 (21 February 2025) [pdf, 180 KB]

   ...quality being sufficiently durable? b. If not, is QC entitled to the remedy sought? Was the motorcycle, and in particular the steering head bearings, of an acceptable quality being sufficiently durable? 4. The Consumer Guarantees Act 1993 (CGA) applies to purchases made by consumers from suppliers. Section 6 provides a guarantee that goods must be of an acceptable quality. This term is defined in section 7(1) of the CGA and means fit for all purposes for which the goods are common...

6. SK v TB Ltd [2025] NZDT 275 (9 June 2025) [pdf, 176 KB]

   ...$1,320.00 for damaged and missing parts, and compensation of $1,000.00 for work done by SK? c) Is SK entitled to claim costs of $1,584.00? Did STC rebuild the engine with reasonable care and skill? 5. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be CI0301_CIV_DCDT_Order Page 2 of 5 fit for the purpose intended1. If the work is not carried out...

7. AGP v ZTZ Ltd [2009] NZDT 554 (23 November 2009) [pdf, 69 KB]

   IN THE DISPUTES TRIBUNAL [2009] NZDT 554 BETWEEN AGP APPLICANT AND ZTZ Ltd RESPONDENT Date of Order: 23 November 2009 Referee: Referee Benson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is transferred to the Motor Vehicle Disputes Tribunal at Auckland. [1] In January 2003, AGP purchased a new Peugeot 307 motor vehicle from ZTZ Ltd. In 2009, the automatic transmission

8. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

   ...accept that they then agreed in August/September to a new carport for $5,800.00, which was paid but subsequently refunded. 5. In addition to these terms, where a supplier in trade provides services to a consumer the Consumer Guarantees Act 1993 (CGA) applies. This Act set outs guarantees, including those detailed below, and specific remedies. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome that was reasonably fit for purpose within any agreed timeframe...

9. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   ...between the parties, there is not sufficient evidence for me to find that the course of dealings established an implied term in respect of the price for materials and labour. 26. N LTD’s services are subject to the Consumer Guarantees Act 1993 (“CGA”). 27. Section 31 CGA states that where services are provided to a consumer there is a guarantee that the consumer is not liable to pay more than a reasonable price for the service. Section 11 CGA has an identical provision in r...

10. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

    ...appropriate remedy? (b) Is the amount claimed proved and reasonable? Is IC and/or UI entitled to a full replacement of the floor from UT and/or HU, or is there another more appropriate remedy? 16. The Consumer Guarantees Act 1993 (“the CGA”) implies certain guarantees into contracts for the supply of goods and services between suppliers and consumers. A “consumer” means a person who acquires goods and services of a kind ordinarily acquired for personal, domestic or house...