Search Results

1. 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...

2. 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...

3. 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,...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. WN v ZM & Ors [2025] NZDT 128 (26 February 2025) [pdf, 269 KB]

    ...to undertake an inspection and provide a report on the condition of the property. WN says that X Ltd failed to carry out this service with reasonable care and skill. CI0301_CIV_DCDT_Order Page 7 of 8 50. The Consumer Guarantees Act 1993 (CGA) provides a guarantee that where services are provided to a consumer those services will be undertaken with reasonable care and skill and will be reasonably fit for purpose. 51. WN says that X Ltd failed to provide its property inspecti...