Search Results

1. NX v T Ltd & S Ltd [2024] NZDT 234 (8 March 2024) [pdf, 187 KB]

   ...or T Ltd to cover the installation cost, which both refused to do. NX claimed $204.00 (not $204.13) for having to install the new tap. 3. After discussion with TJ about the definition of ‘manufacturer’ in the Consumer Guarantees Act 1993 (“CGA”), which includes a business that imports and distributes goods from a foreign manufacturer that does not have a place of business in New Zealand, TJ confirmed that S Ltd fits that definition, as they import and distribute tapware that i...

2. NS v B Ltd [2024] NZDT 246 (20 March 2024) [pdf, 199 KB]

   ...laptop of reasonable quality? 3. Having considered all of the evidence I find that the laptop was of reasonable quality because it was as durable as a reasonable consumer would expect in all the circumstances. 4. The Consumer Guarantees Act (CGA) applies in this case because a laptop is ordinarily acquired for personal, domestic or household use or consumption. Section 6 of the Consumer Guarantees Act 1993 provides that there is a guarantee that goods will be of acceptable quality. S...

3. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product? e. Did J Ltd complete the work within the time contemplated by the contract, or within a reasonable time? f. If not, what remedy is PE Ltd entitled to? g. What amount...

4. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...hopefully not have the same irregularity) is available. 10. At the hearing D Ltd said that the alternative offers it had previously made to O Ltd to try to resolve this matter were no longer available. 11. The Consumer Guarantees Act 1993 (CGA) applies wherever there is a supply of goods of a kind ordinarily acquired for personal, domestic or household use or consumption. This means the CGA applies to the sale of “domestic or household” goods in trade, even if they are acquired...

5. FD, GN, LN, UT, NE, & NP v BQ Ltd [2022] NZDT 165 (18 October 2022) [pdf, 162 KB]

   Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 165 APPLICANT FD APPLICANT GN APPLICANTS LN and UT APPLICANTS NE and NP RESPONDENT BQ Ltd The Tribunal orders: BQ Ltd is to pay $1,170.00 to the applicants by 8 November 2022. Reasons Was the service provided with reasonable care and skill? 1. The six applicants booked a guided walking trip wit

6. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

   ...Q? c) Is any right to a refund affected by the period of use or TO’s inability to return the battery? Was the battery durable and fit for purpose, and did it correspond with its description? 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, defined in s 7 to include being acceptably durable and fit for common purposes. Under CGA s 8(1)(b), goods are guarantee...

7. KD v M Ltd [2024] NZDT 363 (11 June 2024) [pdf, 196 KB]

   ...compromise settlement being reached between KD and LM, let alone LM agreeing to a full refund. 5. KD now claims for the cancellation of the sale and a refund of the price paid of $1850 relying on the terms of the Consumer Guarantees Act 1993, the CGA, s.6 of which provides consumers with a guarantee that goods purchased will be of acceptable quality, and s.8 of which provides a guarantee that goods purchased will be fit for purpose. Her grounds are that the dress was too large for he...

8. OC v N Ltd [2024] NZDT 409 (13 May 2024) [pdf, 207 KB]

   ...missing from N Ltd’s website in relation to this product. 5. OC is seeking $1,060.00 to cover the cost of repairing the vehicle. 6. The issues the Tribunal has to consider are: a. Has N Ltd breached the Consumer Guarantees Act 1993 (“CGA”) or the Fair Trading Act 1986 (“FTA”) by not correctly sign posting the [exhaust fluid 1 and 2] pump with reasonable care and skill? b. If yes, is OC entitled to the amount sought of $1,060.00? Has N Ltd breached the CGA o...

9. BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [pdf, 101 KB]

   ...and BK provided a copy of an email, dated 8 November 2023, which they had sent to SK. The message stated that they no longer had confidence that the pump was fit for purpose, and that they were rejecting it under the Consumer Guarantees Act (“the CGA”). They added that they were not confident that Q Ltd could provide proper advice and installation services, and they requested a refund for the price of the pump. [6] KK and BK said that, despite that email, Q Ltd had proceeded to repla...

10. BN v P Ltd [2024] NZDT 795 (18 September 2024) [pdf, 199 KB]

    ...concrete? c. Is BN entitled to a refund? d. Is BN entitled to any of the other costs claimed? Was the concrete too dry for laying dry when the driver arrived at 11.20-11.30? 4. The concrete is a good covered by the Consumer Guarantees Act 1993 (CGA). This means that at the point the concrete is delivered that it must comply with the guarantees in the CGA, This means that the concrete should be of acceptable quality which includes that it is fit for the purpose it is commonly used, an...