Search Results

1. GU & OG v T Ltd [2024] NZDT 4 (5 January 2024) [pdf, 195 KB]

   ...probabilities. Although I have reviewed all the parties’ evidence and submissions, I have only referenced what I find necessary to give context to my decision. Are the cabinet doors of acceptable quality? 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic, or household use. Under sections 6 and 7 of the CGA a guarantee is provided that goods are to be of acceptable quali...

2. T Ltd v TN [2022] NZDT 101 (9 September 2022) [pdf, 174 KB]

   ...work. Did T Ltd carry out the work with reasonable care and skill, and was it fit for the purpose? 8. Since septic tank services are ordinarily acquired for personal, domestic, or household use or consumption, the Consumer Guarantees Act 1993 (CGA) applies. CGA 28 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 con...

3. TI v T Ltd [2024] NZDT 580 (16 July 2024) [pdf, 171 KB]

   ...whether the sofa was of acceptable quality, and whether it corresponded with the display model in quality. Was the sofa of acceptable quality, and did it correspond with the display model in quality? 3. 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. CGA s 7 defines acceptable quality to include being as durable, fit for common purposes, acceptable in appearance,...

4. DI v H Ltd [2024] NZDT 684 (11 September 2024) [pdf, 185 KB]

   ...acceptable quality on 15 September 2023? c. If not, is $2,832.33 a reasonable value for H Limited to pay to DI in compensation? Was the vehicle fit/safe for towing a boat on 15 September 2023? 5. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 8 of the CGA provides a guarantee that goods are reasonably fit for any particular purpose that the consumer makes known. Here DI had advised H Limited that he was purchasing the vehicle for the purpose of towing his boat...

5. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

   ...deliver the firewood. 19. CM has not done what he promised to do, which was pay for the firewood. Was the wood supplied of acceptable quality and if not, what remedy does CM have? 20. Section 6 of the Consumer Guarantees Act 1993 (“CGA”) means that where goods are supplied to a consumer by a supplier those goods must be of acceptable quality. 21. Section 7 of the CGA sets outs what is meant by “acceptable quality”. Goods must be fit for all the purposes for which go...

6. SM v D Ltd [2023] NZDT 155 (10 May 2023) [pdf, 229 KB]

   ...claim within the jurisdiction of the Disputes Tribunal. CI0301_CIV_DCDT_Order Page 2 of 4 5. The issues to be determined are: • Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? • Was any failure of CGA guarantee one of substantial character? • What remedy is available to SM/GN? Did D Ltd carry out its service with reasonable care and skill as per the Consumer Guarantees Act 1993 (CGA)? 6. I fin...

7. DF v Q Ltd [2023] NZDT 177 (19 April 2023) [pdf, 143 KB]

   ...compensation and if so, how much (c) Whether Q Ltd is entitled to travel costs to feed the cat and for EF’s time. Has Q Ltd failed to provide its service to DF with reasonable care and skill? 7. I am satisfied that the Consumer Guarantees Act (CGA) applies to this contract because a property management service while a home owner is out of the country for work is a service that would be ordinarily acquired for personal use (S.2 CGA). CI0301_CIV_DCDT_Order Page 2 of 4...

8. MD v BL [2019] NZDT 1376 (1 July 2019) [pdf, 193 KB]

   ...paid the sum ordered to avoid enforcement and filed a rehearing application. He also filed a counterclaim seeking the sum of $1,170.00 that remains unpaid from the work he completed. 4. The issues to be resolved are: (a) Was BL in breach of the CGA for the time taken to attend to the work? (b) If so, was that breach substantial? (c) Was there any defect in the work done? (d) In light of these findings, does MD need to repay any of the original sum ordered? Was BL in breach of the...

9. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a supplier will carry out its serv...

10. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 5 (c) Was OF a party to the contract? (d) If so, what is the remedy? Did H Ltd provide their services with reasonable care and skill? 7. 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 reasonab...