Search Results

1. TK v BD & TT Ltd [2024] NZDT 530 (22 July 2024) [pdf, 215 KB]

   ...does not have jurisdiction (standing) to hear and make an order in relation to 3c. above. 5. The issues to be determined in relation to TK’s claim are as follows: a. Whether BD breached the guarantee under the Consumer Guarantees Act 1993 (CGA) to provide his service with reasonable care and skill. b. If he did, then what remedy is TK entitled to under the CGA. c. Is TK able to recover costs for time. 6. The issues in relation to BD’s claim are as follows: a. Is B...

2. SK v UW [2024] NZDT 607 (13 September 2024) [pdf, 205 KB]

   ...NQB included a term that riding lessons are non-refundable and that term is binding on SK. Did UW fail to carry out the services she provided to SK and her children with reasonable care and skill? 13. The Consumer Guarantees Act 1993 (“the CGA”) applies to the riding lessons provided by UW to SK and her children. When a supplier supplies services to a consumer, the CGA implies various guarantees, including a guarantee that the services will be carried out with reasonable care...

3. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

   ...the [ute] was a vehicle that would be considered a consumer good, as it could be driven ordinarily, despite its supercharged nature. Both parties also agreed that they did not contract out of the provisions of the Consumer Guarantees Act 1993 (“CGA”). Were the services provided with reasonable care and skill? 4. SD said R Ltd did not provide their services with reasonable care and skill. He maintained there were no issues with oil pressure before the engine was rebuilt by R Ltd...

4. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...apply. 10. The parameters of the service provided by L Ltd are set out in ‘[Conditions of Carriage]’. 11. The Consumer Guarantees Act 1993 sets out implied terms that apply to all consumer contracts. Suppliers cannot contract out of the CGA. Section 28 CGA provides that there is a guarantee that services will be carried out with reasonable care and skill. 12. Section 29 CGA provides a guarantee that services will be reasonably fit for any particular purpose, and achieve an...

5. IN & UI v C Ltd [2023] NZDT 394 (31 August 2023) [pdf, 213 KB]

   ...Ltd undertake the work on the retaining wall with reasonable care and skill? 4. I find that it is most likely that the work on the retaining wall by C Ltd was not carried out with reasonable care and skill. 5. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the work will be carried out with reasonable care and skill. A consumer can be entitled to a remedy under the Act if there is a breach of this guarantee....

6. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

   ...Consumer Guarantees Act 1993? c. Is TI entitled to remedial costs? Did BCS provide its inspection services with “reasonable skill and care”? CI0301_CIV_DCDT_Order Page 2 of 6 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that suppliers of services must provide their service with “reasonable skill and care”. This generally means that any work done must be as good as the work of a competent person with average skills and experience for that t...

7. BM v OZ Ors [2024] NZDT 109 (5 February 2024) [pdf, 215 KB]

   ...trade make a false or misleading representation that the Unit had a 6 year warranty or otherwise engage in misleading and deceptive conduct, or supply a Unit that was not of an acceptable quality? 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 are of an acceptable quality, and where goods fail to comply with this guarantee, a consumer has a right of redress against the supplier and manufac...

8. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...are defined in ss 6–8 of the Act. If the diesel was contaminated beyond acceptable industry limits, then it would not meet these standards. If this was established, then AAQ Ltd could obtain from both ZZL Ltd as the supplier (s 18(4) of the CGA) or ZZJ Ltd as the manufacturer (s27(1)(b)) compensation for any loss or damage resulting from the failure which was reasonably foreseeable as liable to result from the failure. [5] However, AAQ Ltd would have no right of redress again...

9. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

   ...breakdown of the invoice. MT paid the full amount of the invoice, $7,583.10 on 25 January 2022. CI0301_CIV_DCDT_Order Page 2 of 5 5. The services provided by J Design are guaranteed by provisions of the Consumer Guarantees Act 1993 (CGA). That is because MT has acquired from J Design, services of a kind ordinarily acquired for personal, domestic, or household use or consumption. Section 31 CGA provides a guarantee that a consumer is not liable to pay a supplier more than...

10. OP v U Ltd & B Ltd [2024] NZDT 823 (15 October 2024) [pdf, 134 KB]

    ...considered it had the ability to sell OP’s property for non-payment. I do not consider that B Ltd has been able to establish on the balance of probabilities that there was a term in the contract to this effect. 9. The Consumer Guarantees Act 1993 (CGA) applied to the arrangement between the parties. This means that there was a guarantee implied into the arrangement that B Ltd would provide its services with reasonable care and skill, and that the services would be fit for purpose....