Search Results

1. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 3. The issues to be determined are: a) Did TH Ltd carry out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work with reasonable care and skill? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be ca...

2. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...a few minutes hung up. I called director CT back and asked if he wanted to attend the hearing and he replied no. Therefore, the hearing was conducted and completed today in the absence of P Ltd. 4. The issues to be decided are: a) Does the Consumer Guarantees Act apply to the sale? b) Was the [vehicle] of acceptable quality? Was it fit for purpose and safe at the time of sale? If not, was the failure a failure of substantial character? c) If so, is B Ltd entitled to claim compensa...

3. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...negative feedback on [online platform]. 3. At that point, the respondent said they would only assist with the problem once the negative feedback was removed. In taking this stance, the respondent failed to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) to remedy a failure when given the opportunity to do so. 4. As the respondent did not remedy the failure within a reasonable time, the applicant is entitled to reject the goods and obtain a refund as per t...

4. SC v RG [2020] NZDT 1560 (4 May 2020) [pdf, 239 KB]

   ...that day was $1.0407. Therefore, the NZ dollar amount to pay was $312,210.00. The shortfall is therefore NZ$12,210.00. 12. Mrs C has calculated interest on Mr and Mrs C’s interest losses on their Australian loan. Such losses are indirect or consequential losses. Given the uncertainty at law regarding indirect or consequential losses I am not awarding that loss. In any event here is no evidence that the loss could not be mitigated (either fully or partially) by using, for example, av...

5. XM & KM v U Ltd [2024] NZDT 716 (15 August 2024) [pdf, 97 KB]

   ...been charged. 5. The issues are: (a) Were the services provided by U Ltd, namely the hire of the campervan fit for purpose? (b) If not, what loss is XM and KM able to recover? Were the services fit for purpose? 6. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that where a service is supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose and of such a nature and quality that it can reasonably be expe...

6. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...reconnect the chartplotter and the cost of haul out and hardstand fees while this work was completed. The applicant claims she is entitled to this amount because the seller breached the sale and purchase agreement, failed to meet warrantees under the Consumer Guarantees Act 1993, and misrepresented the condition of the vessel. Further the applicant claims she is entitled to recover this amount from WN Ltd because as broker of the sale, WN Ltd breached its obligations to her under the...

7. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...Does the Consumer Guarantees Act 1993 apply? b. If so, were the goods supplied of “acceptable quality”? CI0301_CIV_DCDT_Order Page 2 of 5 c. If the goods were not of acceptable quality, is E Ltd entitled to reject the goods? d. What consequential losses are proven? Does the Consumer Guarantees Act 1993 (“CGA”) apply? 9. Mr T (who represented E Ltd Ltd at the hearing) argued that the CGA applies, and the seedlings supplied were not of acceptable quality. 10...

8. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...hard against the wall, there would be a 7mm overhang along the edge to help protect the unit. 7. I therefore find that the responsibility for the failure of the vanity lies with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. What remedy, if any, should be given to ST? 8. Th...

9. TI v T Ltd [2025] NZDT 84 (18 February 2025) [pdf, 216 KB]

   ...issue is discussed in more detail below. 13. TI filed this claim on 7 October 2024, seeking a refund of the $8,199, plus $1,000 for “the stress caused and to cover fees or costs for making this claim”. Law 14. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 15. Where a person in trade supplies consumer goods, there is a guarantee that the goods will be of “acceptable quality”. 16. This means that the goods must be fit for purpose, durable, and fre...

10. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

    ...misleading or deceptive conduct under the Fair Trading Act 1986? c. If there has been a breach, what remedy is appropriate? Were the services fit for purpose or carried out with reasonable care and skill? 6. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (CGA) states that there is a guarantee that the service will be carried out with reasonable care and skill. Section 29 CGA also states that the services will be reasonably fit for any purpose and...