Search Results

1. 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 (�...

2. 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...

3. 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...

4. 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...

5. JX v SB [2024] NZDT 379 (6 June 2024) [pdf, 130 KB]

   ...time but although I left messages on the phone number provided for SB he did not respond. 3. The absence of a respondent does not stop the hearing from proceeding. 4. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 (CGA) apply to the sale? (b) If so, was the fridge of acceptable quality? (c) If not, what is the remedy? Does the Consumer Guarantees Act 1993 (CGA) apply to the sale? 5. For the CGA to apply to a sale, the purchaser must be “consumer...

6. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [pdf, 147 KB]

   ...reasonable person knowing this would have sought WJ’s confirmation rather than relying on LD’s assurance that it had obtained cover. 3. FD now claims $1,479.60 against both LD and WJ by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. 4. The issues to be determined are: a) Does this dispute cover issues already determined by th...

7. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

   ...the Covid-19 pandemic imposed lockdown and restrictions. So, I find LK is not entitled to a refund, given the contract’s terms and the fact the contract was not frustrated. Does LK have a remedy under the Consumer Guarantees Act 1993 (CGA)? 18. LK considers the CGA applies. Where a service is supplied to a consumer, there is a guarantee that it will be carried out with reasonable care and skill (section 28), fit for its intended purpose (section 29) and within a reaso...

8. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

   ...ensure the supply of parts? c) Was the consumer entitled to reject the motor? d) What sum, if any, is payable? CI0301_CIV_DCDT_Order Page 2 of 4 Was the motor of acceptable quality? 4. 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 and fit for common purposes as a reasonable consumer f...

9. FQ & TZ v QM [2022] NZDT 77 (8 February 2022) [pdf, 105 KB]

   ...determined are: • Was a binding agreement to cancel reached by the parties in early January 2022? • If not, are FQ and TZ entitled to cancel the contract and obtain a full refund according to the provisions of the Consumer Guarantees Act 1993 (CGA)? • What refund, if any, is payable? CI0301_CIV_DCDT_Order Page 2 of 4 Was a binding agreement to cancel reached by the parties in early January 2022? 6. I find that QM’s January 2021 email response to the couple’s Octob...

10. D Ltd v JD & WD [2022] NZDT 174 (3 November 2022) [pdf, 154 KB]

    ...their products. 6. D Ltd cannot be liable under the Fair Trading Act for conduct of the manufacturer (as above) and I find that D Ltd’s involvement is most appropriately considered under the provisions of the Consumer Guarantees Act 1993 (‘CGA’), as below. 7. I note that Mr JD opted not to take an adjournment to have HI joined to his counter-claim in order to advance his FTA arguments against them. Has there been a failure of guarantee by D Ltd under the Consumer Guarant...