Search Results

1. FP v T Ltd [2023] NZDT 635 (17 November 2023) [pdf, 186 KB]

   ...complete this and he didn’t. Subsequently, when he did arrange for it to be done, the contractor he sent out formed the opinion that due to the state of the lawn that, it needed to start over. If not, is FP entitled to claim $4,132.00 9. Under the CGA, if the services are not provided with reasonable care and skill, and the supplier is unable or unwilling to remedy the failure within a reasonable time, then the consumer is entitled to have the failure remedied elsewhere and recover f...

2. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

   ...requested; however, N Ltd only refunded $30.00 for the areas it accepted were not done. Did N Ltd breach an implied guarantee as to workmanship? 5. The Consumer Guarantees Act 1993 provides for implied guarantees in all consumer contracts. Section 28 CGA provides that services will be provided with reasonable care and skill. Where the breach is substantial, or is not capable of remedy, the consumer can cancel the contract and request a refund of the money paid. 6. FC says the sh...

3. KW v T Ltd [2024] NZDT 195 (28 March 2024) [pdf, 203 KB]

   ...that this enabled insects to enter the box and cause short circuits. He claims the cost of both repairs, $1919.50 from T Ltd. Issues: Was the installation carried out with reasonable skill and care? 3. The Consumer Guarantees Act 1993 (CGA) is the relevant legal framework. IT provides guarantees that any services (i.e. the installation of a gate) must be carried out with reasonable skill and care. If it can be shown that the installation was not carried out with reasonable s...

4. OS v E Ltd [2023] NZDT 89 (23 March 2023) [pdf, 182 KB]

   ...a. OS did not have a contract for delivery services with E Ltd. Her contract was with Amazon who had the obligation of getting the goods from Amazon to her. b. OS did not acquire delivery services from E Ltd which is a requirement under the CGA. She paid Amazon to deliver the goods to her but she had no say as to how that service would be provided. E Ltd were providing the delivery service to Amazon. It was not providing the service to OS. c. The services of E Ltd were acquired...

5. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...other vehicles being damaged is evidence in this case that the damage was not caused by the carwash malfunction. Is MN/Insurer entitled to claim compensation for the cost of remedying the damage? 12. Under the Consumer Guarantees Act 1993 (CGA) guarantees are provided for consumers who use services. Section 32(c) provides that if a faulty service causes consequential damage to a consumer’s property, the provider may be liable to pay for the cost of the consequential damage,...

6. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...representations by MI Ltd? b. Is ND entitled to a full or partial refund? Was the item of acceptable quality taking into account the nature of the product and representations by MI Ltd? 4. Acceptable quality under the Consumer Guarantees Act (“CGA”) is defined as a standard that a reasonable consumer would consider acceptable. This means a product must be safe, durable, free from minor defects and fit for purpose having regard to factors such as price, nature of goods, nature...

7. DT v-S Ltd [2019] NZDT 1510 (30 September 2019) [pdf, 96 KB]

   ...100% satisfied” and the statement above the Terms & Conditions allowing “risk-free” trial. 9. The offer of a trial period suggests that the right to return goes beyond the minimum statutory rights under the Consumer Guarantees Act 1993 (CGA) to return goods that are not “fit for purpose” in an objective sense. The references to 100% satisfaction and even “love” support a broad interpretation of the words “fit for purpose” in the Terms & Conditions, allowing retu...

8. SX v SD Ltd [2022] NZDT 208 (24 November 2022) [pdf, 94 KB]

   ...contractor, although that is not a reasonably foreseeable loss and cannot be recovered. SD Ltd does not dispute refunding the bond. Was the cabin of acceptable quality and fit for purpose? 7. The Consumer Guarantees Act 1993 applies. Sections 6 and 7 CGA provide for an implied guarantee in all consumer contracts that goods supplied will be of acceptable quality. The standard is based on the expectations of a reasonable consumer; but can also take into account the range of chara...

9. O Ltd & P Ltd v UU [2023] NZDT 474 (4 September 2023) [pdf, 174 KB]

   ...seller’s refusal to pay the panel beater for the boot damage. However, the MVDT found that there was no agreement for the seller to pay the bill, and there was no obligation for the seller to remedy the boot damage under the Consumer Guarantees Act 1993 (CGA). The MVDT decision issued on 7 July 2022 concluded that the buyer was not entitled to reject the car. The MVDT did not discuss the storage issues, which may not have been raised, but would in any case fall outside the MVDT’s limit...

10. KD & DF v L Ltd [2024] NZDT 775 (20 August 2024) [pdf, 142 KB]

    ...Therefore, the parties were unable to come to an agreement about a way forward, and the applicant’s claim was filed. Was the work carried out with reasonable care and skill? 18. In considering this question, the Consumer Guarantees Act (“the CGA”) imposes into the contract between the applicant and the respondent, a guarantee that the work will be carried out with reasonable care and skill. 19. At the hearing, the respondent submitted strongly that its obligation was to co...