Search Results

1. NQ v NM Ltd [2024] NZDT 55 (28 February 2024) [pdf, 83 KB]

   ...the laptop in question. [4] NM Ltd did not attend the hearing, and has provided no defence to the claim to the Disputes Tribunal. The law [5] An extended warranty does not displace the provisions of the Consumer Guarantees Act 1993 (“the CGA”). An extended warranty may, to be of value, be effective to provide rights that are additional to those given to consumers by the CGA, but does not oust the CGA’s application. [6] In this case, NM Ltd is deemed under the definition of...

2. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...issues the Tribunal has to consider are: a. What type of contract for the carriage of goods existed between the parties? b. Was any damage caused while IN Ltd was responsible for the goods? c. Does the Consumer Guarantees Act 1993 (“CGA”) apply to this transaction and if so, was IN Ltd in breach of the CGA? d. Is EL entitled to the amount sought of $3,975.00 or any other amount? What type of contract for the carriage of goods existed between the parties? 7. Th...

3. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

   ...14. The issues the Tribunal has to consider are: a. What was the agreement between the parties regarding the rental of the car, insurance and any excess in the event of damage? b. Is Z Ltd in breach of the Consumer Guarantees Act 1993 (“CGA”) and / or the contract by not pursuing and resolving the issue of the excess refund within a reasonable time and by not dealing with the issue with reasonable care and skill? c. Are the applicants entitled to the amount sought of $6,32...

4. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

   ...incurred by XI on 15 June, 16 June and 19 September 2020 while she was visiting New Zealand? c. If so, what is the remedy? Does the Consumer Guarantees Act 1993 apply? CI0301_CIV_DCDT_Order Page 2 of 3 4. The Consumer Guarantees Act 1993 (CGA) applies to goods and services supplied in trade to a consumer. There is no question that had the pacemaker inserted in NZ failed, that the CGA would apply. However, this is not case. Instead XI seeks to hold N Ltd, as part of the globa...

5. CG v SG [2019] NZDT 1488 (2 April 2019) [pdf, 179 KB]

   ...purchase price and wishes to return the splashback. 3. The issues to be determined are as follows: a. Does the splashback correspond with the description given in the advertisements? b. If not, what remedy are CS and DS entitled to under the CGA. Does the splashback correspond with the description given in the advertisements? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that wh...

6. EM v S Ltd [2023] NZDT 171 (5 June 2023) [pdf, 124 KB]

   ...fee given the costs provisions of the Tribunal in the Disputes Tribunal Act 1988 (section 43). 3. In deciding whether EM is entitled to a refund or other compensation I need to have regard to the provisions of the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA). While S for S Ltd explained there is no refund available for a change of mind, I am satisfied both the CGA and the FTA applied given S is in trade and is a supplier of goods and services under the CGA....

7. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...losses, including third party installation costs and damage to her belongings - her claimed losses exceed $15,000.00 and she has reduced her claim to $14,999.00. 4. The issues to determine are: • Does the Consumer Guarantees Act 1993 (‘CGA’) apply? • Does the cabin meet the guarantees for goods in the CGA? • Is any failure of guarantee a failure of substantial character? • What remedy, if any, is available to Ms S? Does the Consumer Guarantees Act 1993 (�...

8. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...training fees to bring the horse back into work. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 apply to the sale? (b) Was the horse of acceptable quality and fit for purpose, as those terms are defined in the CGA? (c) Are both parties “in trade”? (d) If so, did clause 7.9 of the [redacted] conditions of sale meet the contracting out requirements of s43 of the CGA? (e) If not, how much compensation can be claimed? Does the Consume...

9. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...KQ Ltd changed its name to KC in September 2022. 7. The agreement contained a clause signed by K, acknowledging the truck supplied was acquired in trade and that the parties accordingly agreed the provisions of the Consumer Guarantees Act (“CGA”) would not apply and that it was fair and reasonable that K’s business was bound by that clause. 8. Clause 9.1 of the agreement purported to limit any liability of V LTD for any consequential, indirect or special loss, damage or inju...

10. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

    ...respondent is operating a business in New Zealand and therefore New Zealand law applies. In relation to this particular transaction, the relevant law is both the law of contract and consumer protection legislation such as the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA). Contract [12] The respondent has not specifically claimed it is not liable under its contract to refund the purchase price, but I note for completeness that whereas a customer may not be entit...