Search Results

1. NM v YN Ltd [2024] NZDT 676 (24 July 2024) [pdf, 231 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 5 - depending on the answers to those questions, whether YN Limited is obliged to compensate NM for any loss that might have resulted. The law [13] The sale of the car is subject to the Consumer Guarantees Act 1993 (“the CGA”). The CGA sets out guarantees that are incorporated into a sale of goods to a consumer, as this was. NM’s car was required to be of acceptable quality and fit for its purpose, having regard to, amongst other things, the...

2. K Ltd v UD [2024] NZDT 568 (15 July 2024) [pdf, 248 KB]

   ...late invoicing of the lights. Under UD’s claim: Was the pool base prepared and placed with reasonable care and skill, and was the placement fit for the purpose? 16. By virtue of sections 28 and 29 of the Consumer Guarantees Act 1993 (CGA), K Ltd was required to carry out all services it supplied to UD with reasonable care and skill and so that they were reasonably fit for the purpose. In this case that included K Ltd’s preparation of the base and the placing of the pool...

3. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

   ...essential evidence material to the issues and is not intended to be a full record of the hearings or evidence presented. Has the respondent failed to provide its services with reasonable care and skill? 5. 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 b...

4. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 38 APPLICANT NQ RESPONDENT HN The Tribunal orders: The claim is dismissed. Reasons: 1. NQ purchased a two year old female huntaway working dog called C from HN in April 2021. In June 2021 C suffered a prolapse and NQ put her down. He claimed for a refund of the $2,000 purchase price he paid. 2. HN disagreed th

5. QI & UD v P Ltd [2023] NZDT 636 (28 November 2023) [pdf, 175 KB]

   ...was the failure a failure of substantial character that would entitle QI and UD to claim a partial refund and compensation for extra sealant? Were plastering services provided 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 fit for the purpose intended. If the services are not provided with reasonable care and skill, and...

6. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...Commerce Commission’s ability to apply to the courts for a declaration that terms are unfair and is not applicable to this claim. Was the decision to invoke the rain date made with reasonable care and skill? 11. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 12. Part of the service provided to concert goers was th...

7. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...to be determined are: • Did D Ltd carry out its service with reasonable care and skill? • What remedy is available to UI and II? Did D Ltd carry out its service with reasonable care and skill? 8. 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 service with reasonable care and skill (section 28, CGA). 9. If the problem in this case was a more simple one t...

8. EH v O Ltd [2024] NZDT 237 (11 March 2024) [pdf, 176 KB]

   ...agreement? 10. Contract law recognises contracts have express terms (i.e., that are agreed between the parties), and implied terms (i.e., that may be implied by the law). Examples of such implied terms are under the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”). 11. I find there has been no breach of the agreement, either of an express or implied term. 12. I say that because EH has not provided evidence of any breach, nor are there any matte...

9. I Ltd v EX [2024] NZDT 219 (27 March 2024) [pdf, 103 KB]

   ...spent assessing the required drainage repair? • What invoiced amounts is EX liable to pay? Did I Ltd provide its services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 3 8. 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 service with reasonable care and skill (section 28, CGA). 9. EX contends that if I Ltd had carried out their ser...

10. KD v NG Ltd [2023] NZDT 362 (18 July 2023) [pdf, 177 KB]

    ...or provide any defence to the claim. The absence of a party does not prevent the hearing from going ahead. The issues to be determined is whether KD entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Similarly, there is a guara...