Search Results

1. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 32 KB]

   ...extent of providing legal advice. I make reference to this issue now in order to explain the manner in which I have set out the relevant law. [14] This claim is based in the tort of negligence and on the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides consumers with a right of redress against suppliers and manufacturers in respect of any failure of goods or services to comply with the guarantees provided under the CGA. There is no dispute that the liquid...

2. HT v SE [2020] NZDT 1397 (15 May 2020) [pdf, 189 KB]

   ...Trader (and therefore should be registered) if he is selling more than 6 vehicles in a 12 month period (or imported more than 3) and would be, in any event, "in trade" as a supplier for the purposes of the Consumer Guarantees Act 1993 ('CGA'). 6. HT says that when he picked up the car from SE’s home, there were multiple cars for sale in his yard/outside SE’s house and he has also seen multiple ads for different cars on SE’s Facebook page. He provided examples...

3. BX v PN Ltd & NN Ltd [2021] NZDT 1575 (5 August 2021) [pdf, 215 KB]

   ...noted that the company PN Ltd is not relevant to these proceedings. That company was not formed until after the sale to BX, and it was named in these proceedings in error. Findings 9. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 10. Section 6 CGA states that where goods are supplied to a consumer there is a guarantee that the goods must be of “acceptable quality”. 11. Section 7 CGA defines acceptable quality. It states that goods are of acceptable...

4. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...compensation because a 2016 Mazda CX3 purchased by the company was rusting where the aerial connects with the roof. The rust was hidden by a vinyl covering on the roof at the time of sale. 2. Sections 6 of the Consumer Guarantees Act 1993 (CGA) states that goods supplied to a consumer come with a guarantee of acceptable quality. The meaning of “acceptable quality” is set out in section 7. The guarantee of “acceptable quality” includes “free from minor defects” as a re...

5. ET v T Ltd [2023] NZDT 109 (1 March 2023) [pdf, 204 KB]

   ...consequence of a fault / defect with the phone itself, and not due to any careless handling by ET. 16. ET’s claim seeks a refund of the purchase price, and compensation for inconvenience. 17. The relevant law is the Consumer Guarantees Act 1993 (CGA). 18. Section 6 CGA states that where goods are supplied to a consumer, there is a guarantee that the goods must be of acceptable quality. 19. Section 7 CGA defines acceptable quality as follows: Goods are of acceptable quali...

6. KK v W Ltd [2025] NZDT 8 (29 January 2025) [pdf, 122 KB]

   ...Trading Act? (c) Is KK entitled to a remedy and, if so, is the amount she claims proved and reasonable? Did F Ltd fail to provide services to KK with reasonable care and skill? 5. The law of contract and the Consumer Guarantees Act 1993 (“the CGA”) apply. When a supplier provides services of any kind to a customer, a contract of services is formed. I am satisfied that there was a contractual relationship formed between KK and F Ltd when KK engaged F Ltd to deliver gas bottles to h...

7. G Ltd & YZ v B Ltd [2025] NZDT 55 (27 March 2025) [pdf, 214 KB]

   ...nearly 4.5 months. There are many reasons why a hybrid battery might fail. For example, using an incorrect procedure or charging of the battery. Does the Consumer Guarantees Act apply? 8. I am satisfied that the Consumer Guarantees Act 1993 (CGA) does not apply here. The CGA gives protections to consumers who acquires from a supplier goods (such as cars) and services which are of a kind ordinarily acquired for personal, domestic or household use. Cars fall into this category and...

8. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   ...its possession and the bike is now useless. 10. The issues the Tribunal has to consider are: a. Was F Ltd the supplier of the bike to BD? CI0301_CIV_DCDT_Order Page 2 of 6 b. Did F Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by either - - failing to carry out its service with reasonable care and skill and / or - if it was the supplier of the bike, by supplying a bike that was not of acceptable quality? c. If yes, what remedy is BD entitled to?...

9. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...will need a [visa]. The website also clearly states that persons booking on the site are responsible for all travel documentation as does B Ltd’s conditions of travel. 4. TC and KC consider the terms of the Consumer Guarantees Act 1993, the CGA, apply to the booking service supplied by B Ltd and that the service was not supplied with reasonable care and skill. B Ltd responds that the CGA does not apply to air travel services by virtue of the Montreal Convention which is adopted int...

10. PI v B Ltd [2024] NZDT 745 (22 October 2024) [pdf, 191 KB]

    ...$189 for the circulation pump and a further $149.99 for installation. 6. He files this claim seeking the technician’s inspection fee, circulation pump and the installation cost amounting to $488.99 under the Consumer Guarantees Act 1993 (“the CGA”). Issues 7. I outline the following issues: a. Was the spa of acceptable quality under the CGA? b. What, if any, remedy is PI entitled to under the CGA? Was the spa of acceptable quality under the CGA? 8. Section 6(1...