Search Results

1. DI v VR Ltd [2015] NZDT 865 (10 December 2015) [pdf, 126 KB]

   ...the attempt she says they were in an even worse state. [4] DI therefore claims a refund for the re-soling service of $35.00 and consequential losses, being the replacement cost of the velvet boots of $700.00, under the Consumer Guarantees Act (CGA). She also claims the Tribunal filing fee. Issues [5] The issues to determine are: a. Was the damage to the boots caused by AA and if so, have they breached the CGA guarantee of carrying out services with reasonable care and skill?...

2. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...professionally recommended treatment, the costs of which have so far amounted to some $14,000 and which are projected to cost a further $10,000. These costs together with the purchase price are now claimed from SX under the Consumer Guarantees Act 1993 (the CGA) or, alternatively, under the Contract and Commercial Law Act 2017 (the CCLA). 3. Upon discovering the issues with [dog], ET and HT communicated with SX who has declined to provide or contribute to a remedy. 4. The issues...

3. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...and cause SN loss? e) Is J Ltd and/or T Ltd liable to pay SN all or any part of the amount claimed of $4,740.37? Does the Consumer Guarantees Act apply between SN and J Ltd and/or between SN and T Ltd? 5. The Consumer Guarantees Act 1993 (“CGA”) makes provision for certain protections for consumers when they obtain goods and/or services from a supplier. Section 2 of the CGA provides that a consumer is a person who acquires from the supplier goods or services of a kind ordinari...

4. TG v NNI [2022] NZDT 139 (15 September 2022) [pdf, 229 KB]

   ...provides that the Tribunal has jurisdiction to hear a claim in tort for damage to property, and here the claim is for damage to a person. 4. If the transaction was of a professional nature, the relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. Section 2 of the CGA provides that trade means any profession or undertaki...

5. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...the plumbing services provided by P Ltd which resulted in loss to Z Ltd? e) Is P Ltd liable to pay Z Ltd all or any part of the amount claimed of $1,999.00? Does the Consumer Guarantees Act 1993 apply? 3. The Consumer Guarantees Act 1993 (“CGA”) makes provision for certain protections for consumers when they obtain goods and/or services from a supplier. Section 2 of the CGA provides that a consumer is a person who acquires, from the supplier, goods or services of a kind ordina...

6. 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...

7. 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&#...

8. 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...

9. 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...

10. 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...