Search Results

1. LG v J Ltd [2024] NZDT 818 (14 October 2024) [pdf, 129 KB]

   ...balance of probabilities, that is, that it is more likely than not. Is the sofa not of acceptable quality and/or not reasonably fit for purpose? 11. When a supplier provides goods to a consumer in trade, the Consumer Guarantees Act 1993 (“CGA”) implies a guarantee that the goods supplied are of acceptable quality (s6 of the CGA). It also implies that the goods will be reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the sup...

2. ED v MA [2023] NZDT 556 (18 April 2023) [pdf, 177 KB]

   ...claim in the Disputes Tribunal. 2. This is a claim for $110.00 which is the vet fee for prescribing medication to treat the kitten ED bought from MA. 3. The issues to be decided were as follows: a. Does the Consumer Guarantees Act 1993 (CGA) apply to the sale of the kitten? b. If so, has the kitten breached the guarantee of acceptable quality, and is the cost of treatment claimable? 4. No phone number of MA was available and she was unable to be contacted for the claim. Un...

3. LO v BH Ltd [2019] NZDT 1555 (5 August 2019) [pdf, 154 KB]

   ...problem with the replacement sofas in April this year he was just outside his one-year warranty period. CI0301_CIV_DCDT_Order Page 2 of 3 8. I explained to the parties that there are various guarantees under the Consumer Guarantees Act (“CGA”) that a supplier of goods and services are deemed to have given to consumers regardless of any “shop warranties”. It appeared that MA and MI were not aware of a consumers’ rights under the CGA. A supplier cannot contract out of the...

4. QM v QU Ltd [2021] NZDT 1673 (11 October 2021) [pdf, 117 KB]

   ...phone was of acceptable quality; (b) If not, whether QM is entitled to a refund of the purchase price and/or the cost of delivery. CI0301_CIV_DCDT_Order Page 2 of 4 Was the phone of acceptable quality? 11. The Consumer Guarantees Act (CGA) applies to this transaction because the phone, including the software on it when it was sold, is defined as a “good” in the CGA. QU is a “supplier” as defined in the CGA, and QM is a “consumer”. 12. There is a guarantee i...

5. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...Responsible for theft or damage to vehicles”. 6. OT said that although he was aware of the signage US who owns the car was not. 7. OT submitted that signage can not protect the business from responsibility. He said the Consumer Guarantees Act 1993(CGA) does not mention signage which he said in summary meant that the CGA applies and the signs are of no importance. 8. OT said that R Ltd should be covering a claim by N Ltd. 9. OT said that he left the car parked near the door...

6. CT v DF Ltd [2024] NZDT 167 (25 March 2024) [pdf, 181 KB]

   ...and other costs/losses. 2. The issues to be resolved are as follows: a) Was the battery of acceptable quality? b) If not, is CT entitled to claim $8,000.00? Was the battery of acceptable quality? 3. The Consumer Guarantees Act 1993 (CGA) applies if a person is a ‘consumer’ and the person from whom services are obtained, is a supplier. A consumer is defined in s 2 as a person who “acquires from a supplier goods or services of a kind ordinarily acquired for personal, d...

7. Q Ltd v S Ltd [2023] NZDT 772 (13 December 2023) [pdf, 158 KB]

   ...payment of $685 for the third party’s repair or to a refund of $741.19? c. Is RX entitled to payment of $632.50 for the dyna tune? CI0301_CIV_DCDT_Order Page 2 of 4 Did TT provide a service that was fit for purpose? 8. The CGA implies certain guarantees when goods and services are supplied by a supplier to a consumer in trade including that the services will be carried out with reasonable care and skill (s28 of the CGA), and the services and any product resulting f...

8. KU v N Ltd [2023] NZDT 778 (11 September 2023) [pdf, 96 KB]

   ...or fail within a reasonable time to remedy the problems? c) What remedies, if any, are available to the consumer? CI0301_CIV_DCDT_Order Page 2 of 3 Was the car of acceptable quality? 5. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance, and...

9. UW v GC Ltd [2024] NZDT 245 (17 March 2024) [pdf, 117 KB]

   ...for parts from [overseas], GC Ltd decided to go ahead and order the parts despite UW’s demand to stop work. 12. 4 September 2023, GC Ltd’s lawyer sent a letter to UW regarding his demands and his claims under the Consumer Guarantees Act 1993 (CGA). UW was advised that GC Ltd was ready and willing to repair the engine as per its right to remedy under that Act. UW agreed to the repairs the following day. 13. On 22 September 2023, UW contacted GC Ltd and repeated his demand for...

10. EN & SN v H Ltd [2024] NZDT 832 (5 December 2024) [pdf, 113 KB]

    ...cracking. 9. The photos of the driveway show a finish which is entirely unacceptable – there are cracks and pieces of overlay missing, colour variations, and a rough inconsistent finish among other issues. 10. The Consumer Guarantees Act 1993 (CGA) applies to the provision of services by H Ltd in this case. Where the CGA applies to the provision of services there is a guarantee that the services will be provided with reasonable care and skill and that the product of the services w...