Search Results

1. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...working order. (d) As the System is a consumer item, and the company was in trade, this was also a breach of the statutory guarantee that the System be of acceptable quality and fit for purpose, as set out in the Consumer Guarantees Act 1993 (“CGA”). Given the warranty in the contract, the statutory guarantee does not add any additional protection for Ms E, but it does clarify the available remedies (s18). Whilst there is a remedy under the contract to be paid reasonable repai...

2. PC v OR [2021] NZDT 1341 (8 April 2021) [pdf, 232 KB]

   ...named personally as a respondent, I am satisfied that the contract was with T Limited and the claim against OR cannot succeed. 4. The issues I must consider are: a. Were the services carried out with reasonable care and skill as required by s 28 CGA? b. If not, what remedy is appropriate? Were the services carried out with reasonable care and skill as required by s 28 CGA? 5. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 states that there...

3. D Ltd v NN & LN [2024] NZDT 154 (10 April 2024) [pdf, 119 KB]

   ...specific agreement to leave materials for NN and LN to resell them, there can be no breach by D Ltd. Was the work done with reasonable care and skill? 11. 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. 12. The burden is on NN and LN to show that the services by D Ltd were not carried out with reasonable care and skill. They r...

4. KC v DG [2023] NZDT 108 (22 March 2023) [pdf, 241 KB]

   ...terms and conditions was directed primarily at the issue of interest, which is discussed below. Was the work carried out with reasonable care and skill? 14. 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. 15. The burden is on DG to show that the services by KC were not carried out with reasonable care and skill. DG said that KC cast...

5. BX v DG & MX [2024] NZDT 378 (26 June 2024) [pdf, 109 KB]

   ...induced to enter a contract by a misrepresentation is entitled to compensation from the other party to the contract who made the misrepresentation, or on whose behalf it was made. [19] In the case of MX, the Consumer Guarantees Act 1993 (“the CGA”) and the Fair Trading Act 1986 (“the FTA) apply, as MX, as an agent, is “in trade” under both those Acts. An agent is a “supplier” under the CGA, so MX is subject to consumer guarantees, the relevant ones in this case being those...

6. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...reasonable care and skill in providing its services, including any measurement, and in the inspection report it produced. This is a term reasonably implied into its contract and also applies if provided to a consumer under the Consumer Guarantees Act 1993 (CGA). b. Parties ‘in trade’ have obligations under the FTA not to engage in misleading and deceptive conduct or make false and misleading representations (with the Tribunal having jurisdiction – ss39 and 43 FTA). I accept Q...

7. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...misrepresentation, and breach of the statutory obligations listed above. 23. This error entitles OF to be put in the position he would have been in had the misrepresentation not been made (CCLA), which could similarly be viewed as consequential losses under the CGA and FTA. In this case, damages under either head would be calculated on the same basis. 24. Had the estimate been exceeded, but within reasonable bounds (25%), the excess would have been acceptable as a risk of the esti...

8. DI v U Ltd [2023] NZDT 583 (5 December 2023) [pdf, 215 KB]

   ...need to consider: a. What did DI advise about his intended use of the bike? b. What was the mechanism of damage? c. Was the bike fit for the purpose? d. What is a reasonable outcome? Intended use 18. The Consumer Guarantee Act 1993 (CGA) implies guarantees into consumer contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for CI0301_CIV_DCDT_Order Page 4 of 6 any purpose a consumer makes known expressly or by impl...

9. GM v SNS Ltd [2018] NZDT 1116 (26 September 2018) [pdf, 100 KB]

   ...issues I need to decide are: a. Is it more probable than not that the second leak was due to a lack of reasonable care and skill in SNS repairing the first leak? b. If so, should the second invoice be paid? [3] The Consumer Guarantees Act 1993 (CGA) applies and requires all work by SNS be carried out with reasonable care and skill, and that any costs not agreed in advance be reasonable. Is it more probable than not that the second leak was due to a lack of reasonable care and sk...

10. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

    ...on its treks. The website emphasises the personal and physical characteristics of the horses that make them suitable for trekking. 1 Sections 36 & 37, Contract and Commercial Law Act 2017 (CCLA) 2 Section 32, Consumer Guarantees Act 1993 (CGA) CI0301_CIV_DCDT_Order Page 3 of 8 24. I am satisfied that B Ltd had a duty, both as an implied term in the contract and under its obligation to exercise reasonable care and skill, to provide a horse that was reasonably suitable...