Search Results

1. NT v SQ [2023] NZDT 498 (31 October 2023) [pdf, 176 KB]

   ...the car had no issues. Since the car is uneconomic to repair, damages are measured by the difference between the actual value of the car and the expected value of the car in the condition as represented. The buyer can also recover any foreseeable consequential losses. 11. The estimated value of the car if sold for parts is $600 to $650. The higher figure is applicable since the buyer bears the onus of proving the amount of his claim. Assuming the purchase price represented the value if t...

2. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...windows by another supplier. ES has claimed for the amounts she paid to have foundations prepared for the cabin of $2180.00 and a project management fee of $800.00. However those amounts were always going to be payable and they are therefore not consequential losses resulting from failures of guarantee by CP Ltd. 21. ES’s costs of the inspection report, legal fees and photocopying are costs of the kind that cannot be awarded under section 43 of the Disputes Tribunal Act 1988 beca...

3. Van Workum & Ors as Trustees of the Van Workum Family Trust v Auckland City Council [2010] NZWHT Auckland 20 [pdf, 210 KB]

   ...strategies and the state of the market, arrange advertising and showing prospective purchasers the property, present the sale and purchase agreement, obtain the parties’ signatures and collect the deposit. The example given by the authors of Consumer Law3 is as follows: Example 10.18. A prospective purchaser P approaches a real estate agent R for assistance in finding a suitable property. R elicits from P information about her financial capabilities and criteria for a prope...

4. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...a. Was the vehicle of acceptable quality? b. Did the Respondent fail to fix the vehicle within a reasonable time? c. What sum, if any, must the Respondent pay to the Applicant? Was the vehicle 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, fit for common purposes,...

5. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [pdf, 76 KB]

   ...issues I must decide are: a. Is the security system of acceptable quality? b. Is the monitoring service being provided with reasonable skill and care? c. Are the amounts claimed reasonable? Is the security system of acceptable quality? [4] The Consumer Guarantees Act 1993 provides protection for consumers when purchasing goods from suppliers. Section 6 of the Act requires goods to be of acceptable quality. Section 7 of the Consumer Guarantees Act states that acceptable quality m...

6. AS v EI Ltd [2023] NZDT 2 (24 January 2023) [pdf, 169 KB]

   ...obligation on the customer to do so and AS has provided good enough reasons today as to why she did not want to have any contact with that neighbour at all. 3. EI Ltd did not attend the hearing today so I make this order in their absence. 4. The Consumer Guarantees Act 1993 provides guarantees to consumers that goods will be of acceptable quality and services will be provided with reasonable care and skill (among other guarantees). 5. Arranging delivery of the plant to AS was a...

7. ET & DT v CP Ltd [2022] NZDT 222 (29 November 2022) [pdf, 97 KB]

   ...responsible for the return of the cabin to CP Ltd? CI0301_CIV_DCDT_Order Page 2 of 3 Are ET and DT entitled to the cost incurred to transport the cabin from Logistics Depot to [Suburb]? 6. The law that applies here is found in the Consumer Guarantees Act 1993 (the Act). That Act creates a number of statutory guarantees upon the supplier of goods to a consumer, including the guarantee that the goods will be of acceptable quality. This includes a requirement that the pack...

8. ACX and ACY v ZXC Ltd [2013] NZDT 208 (11 July 2013) [pdf, 76 KB]

   ...we have not heard directly from him about his movements between 12 am and 1.30 am. ACX’s taxi receipt confirms an end time of 1.30 am. Was ZXC Ltd’s service carried out with reasonable care and skill? [4] Under the provisions of the Consumer Guarantees Act 1993, I find that ZXC Ltd’s service was not carried out with reasonable care and skill. The service charge of $65 was for 13 days of secure parking as well as shuttle transfers, the shuttle transfers being an inheren...

9. AGS v ZTW [2013] NZDT 491 (15 January 2014) [pdf, 21 KB]

   ...going after applying CRC. AGS report trying it at home twice since then and say that it is not starting again and they have not been able to use it for more than 10 minutes at a time. [6] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (CGA). Is the mower of acceptable quality as per sections 6 and 7 of the CGA? [7] I find that the mower is not of acceptable quality as it is not free from minor defects, durable or fit for...

10. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

    ...failed on the night. Whilst this may have been the case, I find there is no causal link between the two occasions as the bull could have failed for various reasons. Was the failure of a substantial character? 13. By virtue of section 29 of the Consumer Guarantees Act 1993, (“CGA”), where services are supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose; of such a nature and quality that it can reasonably be expected to a...