Search Results

1. FV v UE Ltd [2022] NZDT 140 (1 September 2022) [pdf, 179 KB]

   ...sold by a different retailer, and FV have misremembered which store she purchased it from. For these reasons I find that it is not proven that UE Ltd sold the original dryer. What remedy is FV entitled to? 7. 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). The meaning of acceptable quality includes being reasonably durable (s 7). 8. Section...

2. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...for purpose? (c) If not, what is the remedy? Did ED provide their services with reasonable care and skill and were the dentures reasonably fit for purpose? 3. The law relevant to this claim is as follows: The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a tradesperson. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and...

3. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...resolved are: (a) Is CH “in trade”? (b) If so, is the fridge of an “acceptable quality”? (c) If not, is TU entitled to “reject” the fridge? (d) If so, what is the remedy? Is CH “in trade”? 13. The Consumer Guarantees Act 1993 (CGA) provides that “in trade” includes any commercial activity. 14. TU explained that when he visited CH’s farm to return the original fridge, he saw approximately 100 to 150 other fridges in an open building. 15. Further, CH...

4. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...remedied within a reasonable time? c. If the failure was not remedied, can LG reject the spa pool and obtain a refund? CI0301_CIV_DCDT_Order Page 2 of 4 Was the spa pool of acceptable quality? 7. The Consumer Guarantees Act 1993 (“CGA”) applies when goods are supplied to a consumer in trade. I am satisfied that OE was “in trade” for the purposes of the CGA as LG described him as undertaking a business of buying old spa pools, doing them up, and selling them on. She...

5. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

   ...maintained as a reasonable consumer would expect, and it is possible that if it had been serviced, any problem with the hose clamp would have been detected and damage to the motorhome might have been avoided. 4. The Consumer Guarantees Act 1993 (CGA) provides that a claim may be made against a manufacturer of goods if the goods are not of acceptable quality. The definition of manufacturer includes, where goods are manufactured outside of New Zealand, a person that imports or distribu...

6. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...skill? • Was RCL responsible for the late settlement (after 4pm) and if so, what remedy is available to NQ? • Were any actual losses relating to delay moving into the property reasonably foreseeable as likely to result from any failure of CGA guarantee? • Is NQ liable to pay for RCL’s post-settlement attendance to further property matters at a cost of $700? • Can either party claim costs of preparing for and attending the Tribunal? Was RCL’s advice wit...

7. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...only entitled to [credits] and therefore NZ law does not apply in this case. 6. On the other hand, BM and FM claim that NZ law applies to W Ltd’s administration of [credits]. They believe that W Ltd has breached the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA) by failing to provide adequate opportunity for them to use their [credits] and that they are therefore entitled to the remedies provided for in these Acts. The applicants have pointed out that W Ltd...

8. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

   ...was sent to TN Ltd for inspection. It concluded that the rug was not faulty, and that the fading was caused by strong UV light coming through TU’s full length windows. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. The CGA provides for a guarantee in all consumer contracts that goods will be of acceptable quality (ss 6 and 7 CGA). The term ‘acceptable quality’ includes: being fit for purposes for which goods of that type are commonly used, acceptable...

9. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

   ...the Covid-19 pandemic imposed lockdown and restrictions. So, I find LK is not entitled to a refund, given the contract’s terms and the fact the contract was not frustrated. Does LK have a remedy under the Consumer Guarantees Act 1993 (CGA)? 18. LK considers the CGA applies. Where a service is supplied to a consumer, there is a guarantee that it will be carried out with reasonable care and skill (section 28), fit for its intended purpose (section 29) and within a reaso...

10. UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]

    ...service provided by Q Ltd was not fit for beginners, as promoted; (c) Whether UI is entitled to a refund of all or part of the money she has paid. Did Q Ltd fail to deliver its service with reasonable care and skill? 6. The Consumer Guarantees Act (CGA) applies to this transaction. There is a guarantee in the CGA that services supplied to a consumer will be carried out with reasonable care and skill (S.28 CGA). That means the reasonable care and reasonable skill of a competent person...