Search Results

1. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description or sample. 8. Goods must be also of an acceptable quality – see s 6 and 7 CGA and the kitchen must be...

2. CN v N Ltd [2024] NZDT 744 (26 November 2024) [pdf, 216 KB]

   ...is seeking $343.00 which is made up of a refund of the purchase price of $284.00 along with $59.00 for the Disputes Tribunal filing fee. 9. The issues the Tribunal has to consider are: a. Did N Ltd breach the Consumer Guarantees Act 1993 (“CGA”) by supplying a sweater that was not of acceptable quality and did not correspond with the description? CI0301_CIV_DCDT_Order Page 2 of 5 b. If yes, was the breach one of a substantial character and is CN entitled to reject the...

3. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...for IE’s father, NE, not for IE himself. Nonetheless, X Ltd owed a duty of care to IE to provide an accurate and competent EPA service. This duty arises under both common law principles of negligence and under the Consumer Guarantees Act 1993 (CGA). As any loss in this case was purely economic and did not involve damage to property, the Tribunal does not have jurisdiction to consider this claim as a cause of action in negligence (s10(1)(c) Disputes Tribunal Act 1988). However, t...

4. BB v H Ltd [2023] NZDT 10 (5 April 2023) [pdf, 98 KB]

   ...Ltd admits that is received BB’s email correcting his address before posting the goods. Issues i) What is the relevant law ii) Who is liable for the misdirected passage. Issue 1 [4] The relevant law is Consumer Guarantees Act 1993 (CGA). The CGA provides a guarantee as to delivery. Section 19 states; (1) Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the...

5. EC v U Ltd [2023] NZDT 186 (13 June 2023) [pdf, 101 KB]

   ...their services to EC with reasonable care and skill? 4. I am unable to make a finding that U Ltd failed to provide their services to EC with reasonable care and skill. For this reason, the claim is dismissed. 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill. If services are not provided with reasonable care and skill the consumer may be entitled to a...

6. B Ltd v CT [2023] NZDT 239 (6 June 2023) [pdf, 185 KB]

   ...the result of its own action in delaying the pour by a week, it does not lend any support to B LTD having tried to take advantage of CT. Did the parties agree a price for the extra 3.6 m3 of concrete? 9. The Consumer Guarantees Act 1993 (CGA) provides a guarantee in section 31 that where services are supplied to a consumer, and the parties have not agreed a price, the consumer is not liable to pay more than a reasonable price. 10. I find that the parties did not agree a pric...

7. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...travel costs, but no more. 6. CV’s claim seeks payment of the invoice in full. 7. The hearing took place by phone on 25 July 2023. FS represented IT at the hearing. Findings 8. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 9. Section 28 CGA states that where services are provided to a consumer there is a guarantee that the service provider must exercise reasonable care and skill. 10. FS and IT provided comprehensive evidence of numerous errors /...

8. GE v T Ltd [2023] NZDT 442 (23 August 2023) [pdf, 190 KB]

   ...7 working days (once the part had arrived with their service agent). 2. In the meantime, GE requested a replacement TV as he had been advised that he was entitled to that under the Consumer Guarantees Act (this is only correct if any failure of CGA guarantee could not be remedied or was of ‘substantial character’). 3. The part was delivered to the service agent later than expected because, apparently, the courier company delivered it to the wrong address in error. When T Ltd...

9. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...the email OB replied advising they had considered sending the collar back for repair but had decided to request a refund. CM then offered a refund of $25. 4. Both parties agree that the law that applies is the Consumer Guarantees Act 1993, the CGA. Under the CGA goods purchased in trade must be of “acceptable quality”, (Section 6), which is defined in s.7 as including that goods must be fit for purpose, free of minor defects and durable. 5. If goods are found not to be of acc...

10. KK v OW Ltd [2022] NZDT 179 (6 October 2022) [pdf, 128 KB]

    ...to be provided. 12. The second issue for KK is the quality of the services provided by Dr S. She refers to this in terms of misrepresentation; however, it is better considered under the implied guarantee of reasonable care and skill in s 28 CGA. 13. There is little doubt that Dr S and Dr P had differing views about [the horse]’s prognosis and the best way forward. It is unlikely that the difference in their advice resulted from any improvement in [the horse]’s condition over...