Search Results

1. EM v JJ [2023] NZDT 254 (17 May 2023) [pdf, 89 KB]

   ...licensed to do so, in contravention of the Motor Vehicle Sales Act 2003. The Ministry of Business, Innovation, and Employment oversees compliance with that Act. Page 2 of 3 8. As a seller in trade, the Consumer Guarantees Act 1996 (CGA) applies. The CGA requires goods to be of acceptable quality. The CGA also requires that the supplier remedy any defects if requested to do so and that if the defects are substantial, the purchaser can cancel the sale and obtain a full ref...

2. LJ & MJ v GT [2023] NZDT 301 (10 August 2023) [pdf, 165 KB]

   ...hearing going ahead. 4. The issues to be determined are whether the services were carried out with reasonable care and skill, and fit for the communicated purpose, and what refund if any, is payable. 5. Section 28 of the Consumer Guarantees Act 1993 (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 skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer make...

3. NN v FP [2023] NZDT 19 (1 March 2023) [pdf, 109 KB]

   ...operational requirements. 8. The Fair Trading Act 1986 prohibits misleading and deceptive conduct in trade. The advertising of a service that FP knew would unlikely be delivered is misleading and deceptive. 9. The Consumer Guarantees Act 1993 (CGA) also applies. The Act requires that goods and services are supplied as described. CI0301_CIV_DCDT_Order Page 2 of 3 10. The seat recline and upholstery was important to NN for their long-haul trip and the seat they received wa...

4. EN & MN v II [2023] NZDT 582 (23 November 2023) [pdf, 87 KB]

   ...Such plugs and lamps are not usable in New Zealand without a stepdown voltage changer. EN and MN then communicated with II regarding a refund, however this was not accepted. 3. EN and MN claim a refund relying on the Consumer Guarantees Act 1993 (CGA) and seek a refund of the cost of the lamps $845.95, and the filing fee. 4. The CGA implies guarantees into contracts that goods are reasonably fit for purpose. Section 8(1)(b) requires that goods are reasonably fit for any purpose a c...

5. DC v NL [2024] NZDT 263 (25 January 2024) [pdf, 172 KB]

   ...and skill? b) If not, did DC give NL and opportunity to remedy the concerns? c) Is DC entitled to claim a full refund of $560.00? Did NL provide hairdressing services with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the services are not provided with reasonable care and skill and th...

6. LN v TD Ltd [2020] NZDT 1466 (13 March 2020) [pdf, 193 KB]

   ...be determined are as follows: a. Was LN entitled to cancel the contract and receive a refund? b. Was LN entitled to dispose of the sofa bed? Was LN entitled to cancel the contract and receive a refund? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 5A provides a guarantee that, if no time or period has been agreed, the consumer will receive the goods within a reasonable time. Where the delivery of the g...

7. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

   ...Consumer Guarantees Act 1993? 4. A breach of section 9 of the Fair Trading Act 1986 (FTA) occurs if a person in trade acts in a way that is misleading or deceptive, or is likely to mislead or deceive. A breach of the Consumer Guarantees Act 1993 (CGA) may occur if services are provided by a person in trade without exercising the necessary care and skill. 5. NM’s allegation was that he was presented with two options when the flights were changed by the airline. The first was he...

8. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). CI0301_CIV_DCDT_Order Page 2 of 3 7. JC p...

9. FE v TVL [2016] NZDT 966 (3 August 2016) [pdf, 132 KB]

   ...incorrect products? c) Failing to identify any underlying moisture problem? What is the likely cause of the problem? What remedy, if any, is available to the FEs? Has TVL failed to meet the Consumer Guarantees Act 1993 (‘CGA’) guarantee of reasonable care and skill by misapplying new coatings? I find that TVL has not misapplied the coatings based on their evidence from witnesses, Mr CD from the paint manufacturer, who provided the original coating...

10. LL & NL v KI [2023] NZDT 745 (12 December 2023) [pdf, 182 KB]

    ...and NL to get a refund of the $1,200.00 paid? Did KI provide shower installation services with reasonable care and skill? 7. The relevant law is the general principles relating to the law of contract and the Consumer Guarantees Act 1993 ‘CGA’. The CGA provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the service and any product resulting from the service is...