Search Results

1. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

   ...Trading Act 1986? c. If there has been a breach, what remedy is appropriate? Were the services fit for purpose or carried out with reasonable care and skill? 6. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (CGA) states that there is a guarantee that the service will be carried out with reasonable care and skill. Section 29 CGA also states that the services will be reasonably fit for any purpose and of such a nature and quality that it can reas...

2. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...claim under the law of negligence.1 8. The arguable legal basis for MT’s claim is the Consumer Guarantees Act 1993. P Ltd is an entity in trade that provides goods and services that are ordinarily acquired for domestic of household use. The CGA states that service providers must exercise reasonable care and skill. The Disputes Tribunal has jurisdiction to hear claims under the CGA. 1 The Tribunal’s jurisdiction in tort is limited to claims for damage to, or loss of, physic...

3. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...Contracts are recognised to have terms which are described as express terms, i.e., included by direct discussion and agreement between the parties, and terms which may be implied, such as by the law. Section 28 of the Consumer Guarantees Act 1993 (“CGA”) is an example of such a term because it says where services of this type are provided to a consumer, they must be provided with reasonable care and skill. Contracts which involve the domestic carriage of goods are however also gover...

4. WT v DX [2024] NZDT 796 (26 November 2024) [pdf, 190 KB]

   ...investigations, N was diagnosed with elbow dysplasia. This is a hereditary degenerative joint disease. WT has filed a claim against DX for the cost of treatment on the grounds that N was not of acceptable quality under the Consumer Guarantees Act 1993 (“CGA”). The claim is made up as follows: Purchase cost of N $2,000.00 [Vet 1] bill $1,415.36 [Vet 2] bill $89.00 [Vet 3] bill $6,624.00 [Hydrotherapy] bill $675.00 [Physio] bill $245.00...

5. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...acceptable quality? b. Did the Respondent fail to fix the vehicle within a reasonable time? c. What sum, if any, must the Respondent pay to the Applicant? Was the vehicle of acceptable quality? 4. 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...

6. O Ltd v NH & OT [2024] NZDT 801 (11 October 2024) [pdf, 109 KB]

   ...must pay particular attention to safety, to diagnose the issue accurately themselves. Did O Ltd carry out its work with reasonable care and skill and was the product of the service fit for purpose? 10. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (secti...

7. ZM & AX v S Ltd [2024] NZDT 812 (19 September 2024) [pdf, 133 KB]

   ...their services with reasonable care and skill? (b) If not, what is the remedy? Did the respondents carry out their services with reasonable care and skill? 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 person or company in ‘trade’. 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 re...

8. EC & ECE v UX Ltd [2016] NZDT 895 (12 February 2016) [pdf, 86 KB]

   ...has been carried out. They also claim that the remedial job has been inadequate, with resin left on the surface of the tiles and staining to the supposedly stain-resistant grouting. [5] The relevant law is the Consumer Guarantees Act 1993 (‘CGA’), specifically section 28 of the CGA which provides a guarantee that services will be carried out with reasonable care and skill. Issues [6] The issues to determine are: A. Were both scratches caused by UX Ltd? B. Do...

9. NW & NG v TM Ltd [2023] NZDT 579 (16 November 2023) [pdf, 115 KB]

   ...product of the service fit for purpose? • What remedy is available to the applicants? Did TM Ltd provide its services with reasonable care and skill and was the product of the service fit for purpose? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable care and skill and that the product resulting from a service will be fit for purpose (...

10. NT v D Ltd [2023] NZDT 299 (24 May 2023) [pdf, 186 KB]

    ...owner of D Ltd. GT says he has over 20 years’ experience in the dry-cleaning business. He says he cleaned the jacket himself. Did D Ltd provide the cleaning service with reasonable care and skill? 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied to a consumer (NT is a consumer for the purposes of the CGA) there is a guarantee that the service will be carried out with reasonable care and skill. 6. GT says he uses a Union drycleaning machine to clean l...