TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]
...(whether she told CTL her intended use or not). Points raised by CTL about the siting of the cabin are also irrelevant given the finding that it is the construction of the cabin that has led to the failure of guarantee, not its location or other environmental factors. CI0301_CIV_DCDT_Order Page 3 of 4 10. It follows that as the cabin is not weather proof and water tight it is also not fit for purpose, so it does not comply with the CGA guarantees and Ms S is entitled to a remed...