Search Results

1. 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...

2. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...quality of the advice that the she received from UI. BW’s counter-claim is based on an argument that UI inappropriately advised to her to not make an application for child support. 18. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). Section 28 CGA states that where a supplier provides services to a consumer, there is a guarantee that the supplier will exercise “reasonable care and skill”. 19. BW’s concerns about I LTD’s services were complex and wide-ra...

3. CN & MN v KN & W Ltd [2024] NZDT 521 (7 August 2024) [pdf, 218 KB]

   ...of loss of, or damage to, property (s10(1) of the DT Act). The Tribunal also has jurisdiction conferred on it by the statutes set out in Part 2 of Schedule 1 to the DT Act (s10(2) of the DT Act), including the Consumer Guarantees Act 1993 (“the CGA”) and the Fair Trading Act 1986 (“the FTA”). 11. As I explained to the parties at the hearing, CN and MN did not have a contractual relationship with, or receive services from, KN and/or W Ltd. CN and MN spoke to KN (as W Ltd’s ag...

4. DS v VH Ltd [2016] NZDT 898 (11 February 2016) [pdf, 24 KB]

   ...Guarantees Act would apply if there were issues of quality in dispute because although DS was buying the car for a business purpose, the parties had not contracted out of the Act and he is therefore a consumer under the definition contained in the CGA. However, the issues in dispute are of a contractual nature, specifically whether or not the deposit is refundable. DS claims a refund of the $1,000.00 deposit. Issues [5] The issues to determine are:. a. Was a contract formed wh...

5. GE v G Ltd [2024] NZDT 672 (19 August 2024) [pdf, 114 KB]

   ...of bathroom repairs and tiles. 4. The issue to be determined is whether G Ltd carried out the work with reasonable care and skill. Did G Ltd carry out the work with reasonable care and skill? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 6. GE provided the two invoices from [Plumbing Company], the quotation from G Ltd, photogr...

6. DE v UC Ltd [2024] NZDT 203 (17 January 2024) [pdf, 96 KB]

   ...include a refund of the price paid for the service, and in some circumstances, compensation for consequential loss. 9. In this instance I am satisfied on the evidence before me that the service provided to DE by KH breached the guarantees in the CGA as the services were not provided with reasonable skill and care, and nor was the final result fit for purpose. I find that the service provided by KH was of no value, and that on this basis DE is entitled to a full refund of the $16,...

7. LQ & QQ v T Ltd [2023] NZDT 463 (30 November 2023) [pdf, 196 KB]

   ...4. The issues to be determined are: a) Did T Ltd install the turf with reasonable care and skill? b) What sum, if any, is payable? Did T Ltd install the turf with reasonable care and skill? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. Where part of the service involves consulting with the consumer and providing advice on any ch...

8. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...done by another supplier. 3. The supplier did not attend the hearing or present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 4. The issue to be determined under s 30 of the Consumer Guarantees Act 1993 (CGA) is whether the supplier has failed to complete the work within a reasonable time. On the evidence before me, I accept that the supplier failed to complete the work within a reasonable time. I also accept that the supplier failed to remed...

9. DQ v MD [2024] NZDT 47 (12 January 2024) [pdf, 93 KB]

   ...situation. The courts have held that any ambiguity in a written contract is generally construed against the party who drafted the contract, since that party had the opportunity to express the wording more clearly. Also, the Consumer Guarantees Act 1993 (CGA) may apply, and the note on the invoice would be insufficient to contract out of that Act under s 43. 10. I conclude that DQ is entitled to a full refund, given that it has received no value from the contract. Since $5,000.00 rather t...

10. MVDT Annual Report 2012-2013 (Wellington) [pdf, 194 KB]

    ...including that mentioned above), is that consumers generally understand an auction to be concluded when the bidding is closed. The purpose of this definition is not clear (particularly given the change made to the Bill at Select Committee so that the CGA applies to sales of second-hand cars) and I believe it will create confusion for consumers attending auctions. (b) Warrant of fitness inspections There have been a number of cases where purchasers have brought up concerns about t...