Search Results

1. TT v KU [2020] NZDT 1324 (9 September 2020) [pdf, 230 KB]

   ...Ms C was a private seller. Once a private seller uses an agent to sell who themselves is in trade, the transaction as a whole becomes a sale “in trade”. 11. As a result, the transaction was subject to the statutory guarantees set out in the CGA. Is the pony of acceptable quality and fit for purpose? 12. As the CGA applied, the pony was required to be of acceptable quality and fit for purpose. 13. The test for acceptable quality is whether a reasonable consumer would consider...

2. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...Ltd. 9. The hearings took place by phone on 29 October and 10 December. Both parties participated in the hearings. Ms D represented H Ltd. Findings Law 10. H Ltd supplied goods and services to NB. The Consumer Guarantees Act 1993 (“CGA”) applies. CI0301_CIV_DCDT_Order Page 2 of 5 11. The CGA imposes guarantees that: a. Goods must be of acceptable quality; and b. Services must be provided with reasonable care and skill. 12. If these guarantees...

3. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...return of any of the funds paid. Has IF Ltd failed to carry out services with reasonable care and skill as required by the Consumer Guarantees Act 1993? 21. 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. 22. HT said that it was a failure of reasonable care and skill not to undertake predeparture testing for Covid. He said tha...

4. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

   ...purchase. CI0301_CIV_DCDT_Order Page 2 of 3 10. D Ltd said that as the purchase was not itemised, they would refund 50% of the purchase price for the lockset. 11. The purchase of the parts is covered by the Consumer Guarantees Act 1993 (CGA) which provides that all supplies of consumer goods in trade come with a guarantee that the goods will be of acceptable quality, which includes that they will be as free from minor defects and as durable as a reasonable consumer fully acq...

5. DC v F Ltd [2024] NZDT 247 (7 March 2024) [pdf, 122 KB]

   ...what is a reasonable value to have the resulting damage put right? Is it more likely than not that the water damage beneath the shower could have reasonably been picked up February 2018? 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be carried out with reasonable care and skill. For DC to succeed with her claim she must show on the balance of pro...

6. DG v B Ltd [2024] NZDT 253 (26 March 2024) [pdf, 91 KB]

   ...the logic board had failed. 2. Cody claims $1,482.41 from B Ltd being the cost to replace the logic board. The issue to be resolved is whether DG’s [laptop] is of acceptable quality. 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). a. Section 6 of the CGA provides a guarantee to a consumer that goods will be of acceptable quality. b. Section 25 provides that this guarantee applies to the manufacturer of the goods. c. Section 7 provides that goods will b...

7. SN v X Ltd [2024 NZDT 93 (23 January 2024) [pdf, 138 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 93 APPLICANT SN RESPONDENT X Ltd The Tribunal orders: The Application is dismissed. Reasons: 1. SN cancelled his commercial vehicle insurance policy with X Ltd via [messaging app] on 13 April 2023. On the 17 April 2023, SN called X Ltd as he had not heard anything from X Ltd. SN claims that X Ltd treated him poorly in that phone call

8. B Ltd v KY [2024] NZDT 781 (22 October 2024) [pdf, 91 KB]

   ...lighting that was initially installed fit for the communicated purpose? b) Is KY liable to pay for the extra labour? Was the lighting that was initially installed fit for the communicated purpose? 5. Section 8 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier. 6. The tenant gav...

9. EW v KR & K Ltd [2024] NZDT 319 (29 April 2024) [pdf, 91 KB]

   ...cannot be repaired and KR has declined EW’s request for a refund. 3. KR said that the Inverter came with a one-year warranty and that had expired and so EW should not be entitled to a refund however Section 6 of the Consumer Guarantees Act 1993 (CGA), provides that goods supplied to consumers come with a guarantee of acceptable quality. The meaning of ‘acceptable quality’ includes being durable and fit for purpose (see section 7) CGA. EW claims that the Inverter was not fit for...

10. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

    ...reasonable care and skill and ensure plans were fit for purpose (s28, 29 Consumer Guarantees Act 1993). 4. The Company accepted this. Given the layout of the site, it was also established that there was no value in the work that had been done (s39 CGA). 5. Consequently, the applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30...