Search Results

1. FU Ltd v TB Ltd [2020] NZDT 1394 (4 March 2020) [pdf, 104 KB]

   ...a nature that symptoms would have been noticeable during a WOF check 9 days earlier? • What remedy, if any, is available to FU? Is FU a consumer and TB a supplier under the Consumer Guarantees Act 1993? 5. TB is a supplier under the CGA in this case because the definition of supplier extends to situations where there is no direct contract between the consumer and the person/company providing the service. Even though FU is in trade, it is the nature of the service that deter...

2. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

   ...are: a) Was the watch of acceptable quality and fit for the communicated purpose? b) Was FW entitled to reject the watch? Was the watch of acceptable quality and fit for the communicated purpose? 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 will be of acceptable quality. Section 7 defines acceptable quality to include being as fit for common purposes as a reasonable consumer fully acqu...

3. BD v F Ltd [2023] NZDT 773 (12 December 2023) [pdf, 156 KB]

   ...its possession and the bike is now useless. 10. The issues the Tribunal has to consider are: a. Was F Ltd the supplier of the bike to BD? CI0301_CIV_DCDT_Order Page 2 of 6 b. Did F Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by either - - failing to carry out its service with reasonable care and skill and / or - if it was the supplier of the bike, by supplying a bike that was not of acceptable quality? c. If yes, what remedy is BD entitled to?...

4. HI v B Ltd [2024] NZDT 8 (29 February 2024) [pdf, 231 KB]

   ...is seeking a refund of the $400.00 that was charged to his credit card for the booking and the Disputes Tribunal filing fee of $45.00. 6. The issues the Tribunal has to consider are: a. Did B Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by not providing its service of accommodation with reasonable care and skill? b. Did B Ltd breach the Fair Trading Act 1986 (“FTA”) by making a misleading representation about the accommodation? c. If the CGA was breached,...

5. MVDT Annual Report 2021-2022 [pdf, 356 KB]

   ...consistent with it acting as a motor vehicle trader. The Tribunal also found that even if Forward Motion sold the vehicle on behalf of a third person (of which there was no evidence) it still has liability under the Consumer Guarantees Act 1993 (CGA), as the definition of “supplier” under that Act extends to those who act as an agent for a private seller. Ms Latu’s application to reject the vehicle was declined, but the Tribunal held she was entitled to have the starting fa...

6. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...losses, including third party installation costs and damage to her belongings - her claimed losses exceed $15,000.00 and she has reduced her claim to $14,999.00. 4. The issues to determine are: • Does the Consumer Guarantees Act 1993 (‘CGA’) apply? • Does the cabin meet the guarantees for goods in the CGA? • Is any failure of guarantee a failure of substantial character? • What remedy, if any, is available to Ms S? Does the Consumer Guarantees Act 1993 (�...

7. BD v B Ltd [2024] NZDT 455 (6 June 2024) [pdf, 193 KB]

   ...If so, is BD entitled to a remedy from B Ltd and is the amount claimed proved and reasonable? Did B Ltd carry out the services it provided to BD regarding the Machine with reasonable skill and care? 4. The Consumer Guarantees Act 1993 (“the CGA”) applies to the contract of services that was formed when BD engaged B Ltd to repair the Machine. The CGA implies various guarantees into a contract of services between suppliers and consumers, including that the services will be carried...

8. TS v SQ Ltd [2024] NZDT 538 (10 July 2024) [pdf, 168 KB]

   ...Ltd is liable to pay TS compensation of $144.21 because it’s after sales service was not provided with reasonable care and skill because TS had to make multiple international phone calls at his expense to try to resolve this matter. 19. The CGA provides a number of statutory guarantees that apply whenever consumer goods and services are supplied in New Zealand. In this case the purchase of tickets was made over the internet, but SQ Ltd (an [overseas] owned company) operates a New Zea...

9. NQ v C Ltd [2024] NZDT 651 (21 August 2024) [pdf, 221 KB]

   ...e. Remedial work done by E Ltd - $7,638.30. f. Hours of remedial work done by NQ - $5,000.00. g. Damages for stress - $15,000.00. 5. The issues are: a. Was flooring of acceptable quality as required under the Consumer Guarantees Act 1993 (CGA). b. Did C Limited supply the replacement boards within a reasonable time? c. What remedy is NQ entitled to under the CGA. Was the flooring of acceptable quality as required under the CGA? 6. I am satisfied from the evidence befo...

10. LG v J Ltd [2024] NZDT 818 (14 October 2024) [pdf, 129 KB]

    ...balance of probabilities, that is, that it is more likely than not. Is the sofa not of acceptable quality and/or not reasonably fit for purpose? 11. When a supplier provides goods to a consumer in trade, the Consumer Guarantees Act 1993 (“CGA”) implies a guarantee that the goods supplied are of acceptable quality (s6 of the CGA). It also implies that the goods will be reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the sup...