Search Results

1. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...5. The issues to be determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). CI0301_CIV_DCDT_Orde...

2. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...The issues to be resolved are: a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a...

3. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...view, in favour of consumers where there is doubt. I find therefore that S Ltd has breached the CGA with respect to the decision to carry out the work. If so, what compensation is payable? 16. When one party to a contract breaches the CGA, consequential losses may be claimed, amongst other things. Losses arising as a consequence of the breach of the guarantee need to reasonably foreseeable as liable to result from the breach (section 32(c) of the CGA). 17. ZQ claims the cost of...

4. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

   ...to produce the outcome made known, or a failure to produce the outcome within the agreed timeframe? c. If not, what is the remedy? Who supplied the services and who were the contracting parties? 9. The common law of contract and the Consumer Guarantees Act 1993 (CGA) apply. 10. JL’s position is that she engaged the company then known as Company P Limited to supply the services. In support she says that the Director is QV and that she spoke with him directly in late 202...

5. Electoral-Voting-Age-Legislation_FINAL.pdf [pdf, 6.6 MB]

   ...the freedom from discrimination on the basis of age in the NZBORA. I will report back to the Cabinet Legislation Committee with further advice on whether this distinction can be justified when seeking approval to introduce the Bill to next year. Consequential changes 44 Lowering the voting age will require a number of consequential changes. The following changes will apply even if the voting age is only lowered for local elections: 44.1 Enrolment is currently compulsory. Failure...

6. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...about the vehicle and what he had done. I’m sorry there is nothing more we can do. 12. OQ emailed N Ltd on 25 November, 2 December and 27 January, challenging N Ltd’s decision not to provide any remedy and referring to her rights under the Consumer Guarantees Act. She asked N Ltd to either repair the vehicle or refund the repair cost. N Ltd repeated that the motor was outside the warranty and the parts supplier would not provide any compensation. Law 13. The law of contract...

7. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...were present. Did OZ in trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an acceptable quality? 6. 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress aga...

8. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...value of approximately $700 and it is unreasonable for the applicant to claim repairs of approximately $3,000.00. The respondent claims this repair cost is not commensurate with the value of the work contracted for. [20] The applicant relies upon the Consumer Guarantees Act. [21] The transaction is governed by the law of contract and the Consumer Guarantees Act 1993 (the Act) because the goods and services supplied by the respondent to the applicant were of the kind ordinarily required...

9. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...MH. [16] MH has provided evidence of frequent taxi trips that she was obliged to take when her car was off the road and she was endeavouring to deal with the problem. Her fares totalled $153.74. I have allowed $100.00 for these fares as reasonable consequential losses. MH would, of course, have incurred running costs and depreciation if she had been using her own car instead. [17] I have not allowed the cost of MH’s filing fee, as this is not provided for in the Disputes Tribunal A...

10. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

    ...which make such a step appropriate. These factors are as follows: (i) The Company was in the business of property development. Ms E is a consumer, in the sense that she has purchased the house to be her home from an entity that is in trade. Consumers often do not turn their minds to the potential for it to be hard to recover any compensation from a Company. If they did, they would often lack the negotiating power or opportunity to seek personal guarantees at the time of the de...