Search Results

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

   ...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 the purpose for which hover mo...

2. MI v T Ltd [2023] NZDT 102 (10 March 2023) [pdf, 114 KB]

   ...registered office address and their PO Box number on 27 January 2023). 5. The issues to be determined are: • Did the goods supplied by T Ltd comply with the description made about them as per section 9 of the Consumer Guarantees Act 1993 (‘CGA’)? • If not, what remedy is available to MI? 6. Section 9 of the CGA states that where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. MI has provided photographic...

3. NX v P Ltd [2023] NZDT 212 (2 May 2023) [pdf, 107 KB]

   ...unstored radio stations, but the other issues remained. [3] NX considered that, as he had bought the unit from a consumer and P Ltd was the sole importer of the goods, that it was the “manufacturer” under the Consumer Guarantees Act 1993 (“the CGA”). He claimed the advertised cost of a new unit. [4] For P Ltd, QD and TD said that the unit was of a kind that P Ltd sold only to traders. P Ltd had sold this unit to YND on 15 September 2022, and P Ltd had installed it in a vehicle...

4. BH v YH Ltd [2015] NZDT 757 (24 April 2015) [pdf, 72 KB]

   ...guarantees in the Consumer Guarantees Act, in addition to a repair, a consumer may obtain damages for any loss or damage to the consumer resulting from the failure which was reasonably foreseeable as liable to result from the failure (s.18 (4) CGA). [11] The bike has failed to meet the guarantee of acceptable quality as it was not durable. [12] In addition to the repair, BH is entitled to claim reasonably foreseeable losses or damage. [13] The freight cost is a cost...

5. AEM v ZVK [2012] NZDT 316 (1 June 2012) [pdf, 80 KB]

   ...the Applicant is entitled to payment in full for the system supplied by it or that a credit should be allowed for the counterclaim of the Respondent. Law [3] The relevant law is the law of contract and the Consumer Guarantees Act 1993 (“CGA”). This is because the Respondent purchased the goods as a consumer in terms of the CGA from the Applicant as a dealer in trade. [4] In terms of s 6 of the CGA, the Applicant (supplier) guarantees that goods supplied are of accepta...

6. ND v BT [2022] NZDT 35 (12 January 2022) [pdf, 93 KB]

   ...3. The Tribunal is required to apply an evidential standard. The burden is on the applicant to prove their claim on the balance of probabilities. Was the laptop of reasonable quality and was it fit for purpose? 4. The Consumer Guarantees Act (CGA) applies because the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the CGA says that there is a guarantee that goods supplied in trade will be of acceptable quality. Section 7 o...

7. EH v D Ltd [2022] NZDT 36 (10 January 2022) [pdf, 195 KB]

   ...hearing going ahead. 4. The issues to be determined are: a) Was the furniture of acceptable quality? b) Was the applicant entitled to reject the furniture? Was the furniture of acceptable quality? 5. 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, acceptable in appearan...

8. U Ltd v DI & SI [2023] NZDT 576 (20 November 2023) [pdf, 108 KB]

   ...the remaining $900.45 due. 11. DB files this claim seeking payment for the remaining $900.45. CI0301_CIV_DCDT_Order Page 2 of 3 Issue 12. The tiling installation service provided by U Ltd is subject to the Consumer Guarantees Act (“CGA”). 13. Section 31(1) of the CGA provides that unless a price has been agreed by the parties beforehand, services are supplied to a consumer with a guarantee that the consumer is not liable to pay more than a reasonable price for the s...

9. DQ v H Ltd [2023] NZDT 285 (11 July 2023) [pdf, 205 KB]

   ...would fix the car. However, DQ rejected the suggestion and told KI that the problems with the car are substantial, and he was rejecting the car and wanted a refund. 11. The issues to be resolved are: (a) Does the Consumer Guarantees Act 1993 (CGA) apply? (b) If so, are the problems with the car of a ‘substantial character?’ (c) If so, is DQ entitled to reject the car and obtain a refund? Does the Consumer Guarantees Act 1993 apply? 12. Because H Ltd is in ‘trade’ and...

10. FM v T Ltd [2022] NZDT 21 (28 February 2022) [pdf, 169 KB]

    ...the earbuds properly. 2. FM claims the sum of $470.81 for the cost of having the earbuds repaired. 3. The issues to be determined are as follows: a. Were the earbuds of acceptable quality? b. If not, what remedy is FM entitled to under the CGA Were the earbuds of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). T...