Search Results

1. QQ v F Ltd [2025] NZDT 231 (27 May 2025) [pdf, 114 KB]

   ...balance of probabilities. I can only make a decision on the evidence. There were a few “he said/he said” comments without supporting evidence. I cannot make a finding on such comments. The law 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied by a supplier to a consumer (QQ is the consumer and F Ltd is the supplier for the purposes of the CGA) there is a guarantee that the services will be carried out with reasonable care and skill. 6. Various reme...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...the consumer regarding the possibility of pain? What promises or representations were made regarding the outcome? What was the agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or...

10. KT v P Ltd [2024] NZDT 382 (14 June 2024) [pdf, 128 KB]

    ...‘hybrid’? b. Did P Ltd have any duty to advise KT the type of hybrid that it is, or the likely performance of the vehicle? Does the [vehicle] comply with the description ‘hybrid’? 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 9 of the CGA provides a guarantee that where goods are supplied by a description to a consumer, there is a guarantee that the goods correspond with the description. 4. I find that the [vehicle] complies with the descr...