Search Results

1. NP v KT [2021] NZDT 1706 (12 October 2021) [pdf, 243 KB]

   ...16. Accordingly I find that KT has removed 11 trees without NP’s authority or consent. Under NP’s claim: Did KT carry out work with reasonable care and skill? CI0301_CIV_DCDT_Order Page 3 of 6 17. The Consumer Guarantees Act 1993 (CGA) provides a guarantee that work will be completed by a supplier in trade with reasonable care and skill (section 28). The standard applying to this guarantee is that of an ordinary supplier supplying a service. 18. NP says KT cut the hedge...

2. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...question for me to decide is whether MH has proved that NB Ltd did not carry out its work correctly, and that she incurred further expense as a result. The law [12] The parties’ transaction is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA lays down guarantees that services supplied in trade with be carried out with reasonable care and skill, and be fit for their purpose. If the trader fails to rectify any breach of a guarantee within a reasonable time, the con...

3. AI YK v LS [2021] NZDT 1709 (7 December 2021) [pdf, 222 KB]

   ...by LS? • What is payable on the claim and counter-claim? Is the supply and installation of this kitchen covered by the provisions of the Consumer Guarantees Act 1993? 11. I find that the provisions of the Consumer Guarantees Act 1993 (‘CGA’) do not apply because I do not consider that AI and YK were acting ‘in trade’ when they agreed to install the kitchens and are therefore not a ‘supplier’ under the definition in the CGA. The context of the arrangement was, as ten...

4. SS v SH [2022] NZDT 230 (29 November 2022) [pdf, 113 KB]

   ...decide are: (a) what were the terms of the parties’ agreement; and (b) having regard to those terms, what is a reasonable price for the total job. The law [12] The parties’ agreement is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees that services supplied by traders to consumers will be carried out with reasonable care and skill. If a price for the services is agreed, that price will be payable, but if no price is set by the parties,...

5. BC & others v QK [2023] NZDT 137 (5 June 2023) [pdf, 194 KB]

   ...free from leaks and mould and those misrepresentations induced SS to purchase the caravan? e. Is the amount claimed reasonable? CI0301_CIV_DCDT_Order Page 2 of 4 Is QK in trade? 5. The Consumer Guarantees Act 1993 (“the CGA”) implies guarantees into contracts for the sale of goods supplied by suppliers in trade to consumers. The term “trade” is defined in s 2 of the CGA as “any trade, business, industry, profession, occupation, activity of commerce, or u...

6. BP v G Ltd [2023] NZDT 38 (20 January 2023) [pdf, 203 KB]

   ...12. The hearing took place on 23 December 2022 at the Kaikohe Court. BP appeared in person. NP, representing G Ltd, attended by phone. CI0301_CIV_DCDT_Order Page 2 of 4 13. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider will exercise reasonable care and skill. 14. BP also referred to, and placed significant emphasis on, the responsibili...

7. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...on the claim and counter-claim? CI0301_CIV_DCDT_Order Page 2 of 4 Did JF Ltd carry out its service with respect to the laying of coping at the pool edge with reasonable care and skill? 6. 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). 7. HK and QK were originally advised by [pool company...

8. BC v TH Ltd [2024] NZDT 658 (16 August 2024) [pdf, 193 KB]

   ...installed solar system and this caused the collapse of all four batteries, she is entitled to recover the cost of replacing these batteries from the respondent. [15] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (CGA) because the goods supplied by the respondent to the applicant were of a kind ordinarily acquired for personal use. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees containe...

9. SC v CX [2022] NZDT 116 (2 August 2022) [pdf, 204 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 116 APPLICANT SC RESPONDENT CX The Tribunal orders: 1. The claim is dismissed. Reasons 1. This matter was heard by teleconference on 9 March 2022. It was adjourned to give both parties an opportunity to provide me and each other with text messages, photographs and any other evidence or arrange for any witnesses they

10. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

    ...slim, as the hard drive returned to her was “very damaged” and yet the data recovery specialist had been able to see the documents and photographs on it. The law 13. The Consumer Guarantees Act 1993 and the law of bailment apply. Section 28 CGA provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill. The law of bailment provides that a person in possession of another person’s goods is required to take reasonable...