Search Results

1. ED v Q Ltd [2023] NZDT 412 (24 August 2023) [pdf, 182 KB]

   ...intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at what was said and done. 6. The Consumer Guarantees Act 1993 (“CGA”) also has terms relevant to this contract. The CGA implies into contracts a set of minimum standards (guarantees) for goods and services supplied in trade to consumers. Section 6 CGA says goods, such as the fishing rod, must be of an acce...

2. BU & OZ v TF Ltd [2024] NZDT 330 (21 May 2024) [pdf, 242 KB]

   ...provided to the Tribunal to enable their participation) so the hearing proceeded in their absence. 5. The applicants wish to keep the fridge and obtain from TF Ltd a full refund of the purchase price. This is not an available remedy under the CGA, which allows for a full refund in certain circumstances, but only from the supplier, and upon return of the goods. 6. TF Ltd is the manufacturer for the purposes of the Consumer Guarantees Act 1993, and did not supply the fridge directly...

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

   ...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 expected to achieve any particular re...

4. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...later advised KX that their agent was mistaken and that the Consumer Guarantees Act 1993 does not apply because KX purchased the fridge through a private sale. 3. M Ltd have maintained the above position, based on their reading of section 41 of the CGA. KX has brought to their attention the relevant manufacturer provisions of the Act, at sections 25 to 27, both in his correspondence with them, and in both sets of submissions sent prior to the hearing. However, M Ltd has made no submiss...

5. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...applied to increase the external painting claim to $28,750.00 and to abandon the amount of the claim exceeding $30,000.00. 3. The issues to be determined are: a. What were the terms of the contract? b. Does the Consumer Guarantees Act 1993 (CGA) apply to the build? CI0301_CIV_DCDT_Order Page 2 of 7 c. Was the sewer pump fit for purpose? d. Was reasonable care and skill exercised in providing the painting service and was the outcome fit for purpose? e. Was there a failure...

6. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...issues the Tribunal has to consider are: a. What type of contract for the carriage of goods existed between the parties? b. Was any damage caused while IN Ltd was responsible for the goods? c. Does the Consumer Guarantees Act 1993 (“CGA”) apply to this transaction and if so, was IN Ltd in breach of the CGA? d. Is EL entitled to the amount sought of $3,975.00 or any other amount? What type of contract for the carriage of goods existed between the parties? 7. Th...

7. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...and cause SN loss? e) Is J Ltd and/or T Ltd liable to pay SN all or any part of the amount claimed of $4,740.37? Does the Consumer Guarantees Act apply between SN and J Ltd and/or between SN and T Ltd? 5. The Consumer Guarantees Act 1993 (“CGA”) makes provision for certain protections for consumers when they obtain goods and/or services from a supplier. Section 2 of the CGA provides that a consumer is a person who acquires from the supplier goods or services of a kind ordinari...

8. EX v UC [2017] NZDT 1011 (24 May 2017) [pdf, 20 KB]

   ...issues with dryers. It is for this reason that I cannot find there has been a breach of guarantee in terms of durability or fitness for purpose. Conclusion What remedy, if any, is available to the EXs? [10] Given the above finding, no CGA remedy is available to the EXs. Even if I had found that the repairs were due to inherent defects with the dryer, the fact that UB and/or the warranty company has remedied the issues in a reasonable time on each occasion, with UB also p...

9. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...and conditions are available to the customer by clicking a hyperlink, it is the customer’s responsibility to read the terms and conditions because they will be bound by them whether or not they read them. 5. The Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) however provide an overlay on agreed terms and conditions when the services are purchased by a consumer from a person in trade. The FTA, and the guarantees in the CGA, will apply to the contract, and gene...

10. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

    ...14. The issues the Tribunal has to consider are: a. What was the agreement between the parties regarding the rental of the car, insurance and any excess in the event of damage? b. Is Z Ltd in breach of the Consumer Guarantees Act 1993 (“CGA”) and / or the contract by not pursuing and resolving the issue of the excess refund within a reasonable time and by not dealing with the issue with reasonable care and skill? c. Are the applicants entitled to the amount sought of $6,32...