Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. BG v L Ltd [2023] NZDT 249 (16 May 2023) [pdf, 165 KB]

   ...applicant. I have also, at the end of this decision, added some comments about the applicant’s entitlements hereafter. What law applies? I appreciate the applicant’s representative submitted that the Consumer Guarantees Act 1993 (“the CGA”) does not apply to this case because the applicant is using the piano, in part, for business purposes. However, that submission is incorrect. The Act does apply, as the Act defines “consumer” as “a person who acquires from a supp...

10. IV v O Ltd [2024] NZDT 305 (8 April 2024) [pdf, 188 KB]

    ...evidence provided by O Ltd that the rehandling was expertly supervised in the same way that the initial packing was. If so, does the Consumer Guarantees Act 1993 apply to the carriage of goods? 12. IV said that the Consumer Guarantees Act 1993 (CGA) applies to the claim because the act does not mention the CCLA anywhere or the carriage of goods and that to her knowledge parties to a contract cannot contract out of the CGA. 13. IV said that because the items were broken, it has be...