Search Results

1. ET v SK [2023] NZDT 131 (5 March 2023) [pdf, 200 KB]

   ...consistent with the Parkinson decision cited on behalf of SK). 5. The issues I need to decide are: a. Whether SK sold the campervan ‘in trade’ such that the condition of the campervan as sold was in breach of the Consumer Guarantees Act 1993 (CGA) and/or the Fair Trading Act 1986 (FTA); and/or b. Whether SK misrepresented the condition of the campervan. c. If there has been a breach or misrepresentation, what loss that caused ET. Was the campervan sold in trade? 6. ET had ex...

2. N Ltd v BS & TS [2023] NZDT 164 (9 May 2023) [pdf, 183 KB]

   ...report from a consultant which estimates that $15,182.00 is a reasonable cost for the work. 3. Both parties attended the hearing. N Ltd was represented by RV. Law 4. The law of contract and the Consumer Guarantees Act 1993 apply. Section 31 CGA provides: Guarantee as to price (1) Subject to section 41, where services are supplied to a consumer there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable price for the service in any case whe...

3. QU v GD Ltd [2024] NZDT 104 (9 February 2024) [pdf, 113 KB]

   ...reasonable care and skill? 4. Section 9 of the Fair Trading Act 1986 (FTA) provides that no person in trade may engage in conduct that is misleading or deceptive or which is likely to mislead or deceive. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that a supplier must exercise reasonable care and skill when providing a service to a consumer. The common of law of contract also applies. 5. QU’s position is that the insurance that he purchased only covered travel...

4. DD Ltd v QW & BD Ltd [2024] NZDT 499 (27 February 2024) [pdf, 195 KB]

   ...purpose? • What remedy is available to QW? Did DD Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? CI0301_CIV_DCDT_Order Page 2 of 3 5. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (sect...

5. CEIT Annual Report 2022 [pdf, 446 KB]

   ...defence that the false and inflated repair expenses were part of accepted Chinese business practice. Limitations under the Consumer Guarantees Act [35] A homeowner brought a claim for defective repair works under the Consumer Guarantees Act 1993 (CGA). The repair works were completed in May 2014, and the defects period under the building contract expired on 26 August 2014. The application to the Tribunal was filed on 22 February 2022. The Tribunal considered the relationship betw...

6. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...overestimated the water usage at the property, and a portion of the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. 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. 7. Under the contract between the parties the prope...

7. HN v N Ltd [2023] NZDT 146 (16 June 2023) [pdf, 212 KB]

   ...issue I find that the charges were not clearly explained to HN by the clinic. What is a reasonable price for the services? 18. As I find that the charges have not been clearly explained, I now consider s31 of the Consumer Guarantees Act (“CGA”) to determine a reasonable price for the services provided. 19. To determine this issue, I consider HL’s submission that appointments of this nature generally take longer and accordingly are allocated two slots of fifteen minutes eac...

8. VL v U Ltd & LF Ltd [2023] NZDT 671 (6 December 2023) [pdf, 114 KB]

   ...to it being taken to LF Ltd for repair, it did not suffer from this particular problem with the flexiplate, and that it is more likely than not that this issue was caused by the work LF Ltd did on the car. 16. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers that services they receive must be provided with reasonable care and skill, and that they must be fit for purpose. Reasonable skill refers to the technical know-how required for the job. Reasonable care refe...

9. NG & DG v GI Ltd [2024] NZDT 213 (4 April 2024) [pdf, 98 KB]

   ...themselves, and the laying of them, can be considered acceptable, or whether they should be regarded as defective. The law [12] The bricks, and the laying of them, are subject to the guarantees laid down in the Consumer Guarantees Act 1993 (“the CGA”). The bricks are goods that are required to be of acceptable quality, fit for their purpose, and compliant with the description applied to them; and the bricklaying service must be carried out with reasonable care and skill and achiev...

10. KI Ltd v TS [2023] NZDT 256 (14 June 2023) [pdf, 137 KB]

    ...first order, that it is more likely than not that TS received the packages sent to him by KI’s company. Was TS entitled to a refund of the three orders, that was accomplished by him via chargeback? 11. The Consumer Guarantees Act 1993 (“CGA”) provides that where a consumer believes a supplier of goods has not complied with guarantees such as delivery within a reasonable time, or acceptable quality of the goods, or the goods being fit for any particular purpose made known to...