Search Results

1. TS v L Ltd [2023] NZDT 530 (10 October 2023) [pdf, 213 KB]

   ...seeks compensation of $5,500.00. 15. The hearing took place by phone on 26 September 2023. Findings 16. L Ltd act as a broker, marketing and selling boats on behalf of private individual owners. 17. The Consumer Guarantees Act 1993 (“CGA”) applies if a person who is in trade supplies goods of a type that are ordinarily acquired for domestic of household use. 18. In Walters v Taylor Marine Ltd1, a case involving a claim against a boat broker, the High Court held that...

2. EW Ltd v UD & UDD 2017 [NZDT] 1010 (17 May 2017) [pdf, 154 KB]

   ...were invoiced separately on each occasion, the transactions have been treated separately and it was discussed with the parties at the first hearing, that while EW Ltd is a 'consumer' for the purposes of the Consumer Guarantees Act 1993 (CGA) in relation to the CCTV cameras (because CCTV cameras are goods which are 'personal, domestic and household in nature' and the parties did not contract out of the CGA), a POS system does not meet the definition of 'goods&#...

3. CL & HD v T Ltd & S Ltd [2023] NZDT 72 (14 February 2023) [pdf, 223 KB]

   ...workmanship issues caused by its employees and contractors. Was the roofing work that was done by S Ltd carried out with reasonable care and skill? / Was the roofing work fit for purpose? 5. The provisions of the Consumer Guarantees Act 1993 (CGA) apply. Under the CGA where services are supplied to a consumer (CL and HD are consumers for the purposes of the CGA) there is a guarantee that the service will be: a. Carried out with reasonable care and skill. b. Reasonably fit f...

4. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

   ...and that the matter had been settled by agreement on 30 March 2022. 12. J Ltd and the BL and KL argue that QT would have been allowed to do remedial work if there had only been a small amount required. 13. The Consumer Guarantees Act 1993 (CGA) applies. 14. The issues are: Did QT comply with his obligations under the CGA? Did the BL and KL comply with their obligations under the CGA? Was there a settlement agreement between the parties in March 2022? Did QT comply with hi...

5. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...and conditions are available to the customer by clicking a hyperlink, it is the customer’s responsibility to read the terms and conditions because they will be bound by them whether or not they read them. 5. The Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) however provide an overlay on agreed terms and conditions when the services are purchased by a consumer from a person in trade. The FTA, and the guarantees in the CGA, will apply to the contract, and gene...

6. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

   ...and/or not fit for purpose and/or were the services that Q Ltd provided to CH not carried out with reasonable care and skill and/or were the services or the product of those services not fit for purpose? 8. The Consumer Guarantees Act 1993 (“the CGA”) applies to the goods and services provided by Q Ltd to CH. 9. When a supplier provides goods and/or services to a consumer, the CGA implies certain guarantees into the contract between them. When a supplier supplies goods to a con...

7. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...Has M Ltd provided services with reasonable care and skill? 10. Contract law recognises contracts can have terms expressly agreed between the parties, and terms which are implied into the contract by law. The Consumer Guarantees Act 1993 (“CGA”) has terms relevant to this contract, because the CGA implies minimum standards (guarantees) where goods and services are supplied in trade to consumers. It also provides a scheme of remedies when those guarantees are breached. Section 2...

8. QL v E Ltd [2023] NZDT 752 (1 December 2023) [pdf, 182 KB]

   ...claim. 4. The warranty claim was declined as it was determined that the damage was externally caused and not due to a product defect nor a design or manufacturing defect. 5. QL demanded a replacement jacket under the Consumer Guarantees Act 1993 (CGA), which E Ltd refused but E Ltd did offer QL a replacement jacket at cost, which QL refused. 6. QL brings this claim under the CGA for $1,350.00. 7. The issues are: Was the jacket defective pursuant to the CGA? Is QL entitled to...

9. UM v F Ltd [2023] NZDT 599 (22 November 2023) [pdf, 201 KB]

   ...repair the fire and said the gas fitter phoned F LTD’s technical advisor team during the repairs. The fire was repaired, and UM was charged $477.25 for this repair, which he claimed from F LTD. Law 3. The Consumer Guarantees Act 1993 (“CGA”) applies here. Sections 25-27 CGA deal with claims against manufacturers. 4. Section 25 CGA provides recourse for a consumer where a manufacturer fails to comply with a guarantee of acceptable quality or where the goods fail to comply...

10. E Ltd v XL [2024] NZDT 563 (9 July 2024) [pdf, 239 KB]

    ...he accepted. Issues 7. As this claim is filed by E Ltd, the onus of proof lies on E Ltd to satisfy the Tribunal, on the balance of probabilities, that the amount claimed is due to be paid to them. 8. The Consumer Guarantees Act 1993 (“CGA”) applies to this dispute and referring to the CGA, I outline the following issues: a. Did E Ltd’s work meet the guarantee as to fitness of a particular purpose pursuant to section 29 of the CGA? CI0301_CIV_DCDT_Order Pag...