Search Results

1. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

   ...included the following: a) As a business dealing with the public, VH Ltd has a duty of care to be aware of BEC fraud and to take precautions against it and to warn its customers. This duty arises out of s28 of the Consumer Guarantees Act 1993 (CGA), which states that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill. b) VH Ltd’s cybersecurity is entirely in their hands and under the control of themse...

2. LL v DD Ltd [2017] NZDT 1453 (12 October 2017) [pdf, 209 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2017] NZDT 1453 APPLICANT LL RESPONDENT DD Limited The Tribunal hereby orders: The claim is dismissed. Reasons 1. In about 2012 LL had her entire house carpeted by DD Limited as the result of an insurance claim. In about 2016, she noticed that there was a worn area in the carpet under the leg of a stool she used daily and whi

3. WH v SS Ltd [2019] NZDT 1459 (26 March 2019) [pdf, 218 KB]

   ...1962 and the Consumer Guarantees Act 1993, the issues I have to consider are: a. Is SSH liable to WH for the cost of her pants under the Innkeepers Act 1962 (“IKA”)? b. If yes, is WH entitled to $179.00? c. If no, did SSH breach the CGA by failing to provide accommodation with reasonable care and skill? d. If yes, is SSH liable to WH for $179.00 for the loss of her pants? Is SSH liable to WH for the cost of her pants under the Innkeepers Act 1962? 6. Section 4 of...

4. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...regarding DEF? 11. As mentioned, although I have determined the claim on the basis of the first issue, my view on the second issue is relevant to that determination. I consider that the rental company had a duty under the Consumer Guarantees Act 1993 (CGA) to warn its customers regarding DEF, as part of providing its service with reasonable care and skill. I am persuaded that it had such a duty for a number of reasons: a) DEF being mistaken for diesel is a relatively new hazard of which...

5. QL v GT Ltd [2022] NZDT 129 (9 September 2022) [pdf, 96 KB]

   ...decision include the following: a) As a business dealing with the public, GT Ltd has a duty to be aware of BEC fraud and to take precautions against it, and/or to warn its customers. This duty arises out of s 28 of the Consumer Guarantees Act 1993 (CGA), which requires services supplied to a consumer to be provided with reasonable care and skill. b) The extent of a business’s cybersecurity is entirely within the control and knowledge of that business and its chosen IT consultants, no...

6. NO v UM [2023] NZDT 629 (21 November 2023) [pdf, 187 KB]

   ...and fit for purpose? 5. I find that the gardening services provided were provided with reasonable care and skill and fit for purpose because the section was tidied as per the quote for services provided. 6. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill, and that the services, and the product of the services, will be reasonably fit for any purpose t...

7. EX v QU [2023] NZDT 457 (18 August 2023) [pdf, 100 KB]

   ...concrete the driveway with reasonable care and skill? c) Are the parties entitled to claim against each other for the cost of attending the Tribunal? Did QU build the new lawn with reasonable skill and care? 4. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant section is s 28 -that a supplier will carry out its services with reasonabl...

8. KL v BD [2023] NZDT 610 (20 November 2023) [pdf, 191 KB]

   ...photographs? II. Were the photographs taken fit for purpose? III. Should BD refund some or all of the $899.00 to KL? Did BD apply reasonable skill and care to the photography and editing of the photographs? 6. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. 7. The question of whether BD applied reasonable skill and care to the composition of t...

9. B Ltd v UE & SE [2023] NZDT 517 (2 October 2023) [pdf, 187 KB]

   ...nature of the services, reasonable consumer expectations and particular circumstances are all relevant. 11. Having given careful consideration to the evidence from the parties, I find that the applicant was in breach of the guarantees for the CGA as the services were not provided with reasonable care and skill, and the concept plans were not fit for the particular purpose made known by the respondents for the following reasons. (a) The applicant relied the original house plans/de...

10. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [pdf, 208 KB]

    ...construction carried with reasonable care and skill and was the outcome reasonably fit for purpose? 5. It was undisputed that there was no contractual relationship between the parties, and nor did the Applicants acquire the services of the company, so the CGA does not apply. Instead the Applicants rely on the implied warranties under the Building Act 2004. 6. Section 362I of the Building Act sets out the implied warranties that apply to a new build. These include that the building w...