Search Results

1. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [pdf, 182 KB]

   ...consider are: CI0301_CIV_DCDT_Order Page 2 of 9 a. What was the agreement between the parties as to what work N Ltd was to do and how it was to be charged for? b. Did N Ltd breach the contract and/ or the Consumer Guarantees Act 1993 (“CGA”) by failing to carry out its work as agreed and with reasonable care and skill? c. Did N Ltd breach the Fair Trading Act 1986 (“FTA”) when providing the respondent with a price for this project? d. Were the respondents en...

2. MK v S Ltd [2023] NZDT 293 (1 August 2023) [pdf, 196 KB]

   ...curtains back and had them repaired for free. This was not an option for his company outside the 48-hour time, he said, as the curtain workshop they dealt with would not then repair them for free. 12. Section 7 Consumer Guarantees Act 1993 (“CGA”) provides that ‘of acceptable quality’ includes being acceptable in appearance and finish and free from any minor defects. Section 7 provides that regard can be had, in determining whether a reasonable consumer would regard goods as...

3. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...tradesperson is expected to complete work to a professional standard. 9. For the reasons stated below, I find the remedial drainage work done by E Ltd in (or around) June 2022 at [address 1] is covered by s28 of the Consumer Guarantees Act 1993 (“CGA”). 10. I say that because: a. within the definition of “services” in s2 CGA, this work constitutes the provision of services to SS and NQ, despite there being no direct contract between E Ltd and SS and NQ; and b...

4. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

   ...skill, because TN Ltd had the date wrong for the [pre-wedding event 1] and so the decorations provided were of a lesser quality than had been discussed before the event. CI0301_CIV_DCDT_Order Page 2 of 6 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 and will be reasonably fit for any purpose the customer makes known to the supplier. If there is...

5. DJ & QW v E Ltd [2024] NZDT 772 (5 December 2024) [pdf, 218 KB]

   ...that there has been a breach of the FTA by E Ltd. Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? 21. There is not enough evidence to support a finding that there has been a breach of the Consumer Guarantees Act 1993 (CGA) by E Ltd. 22. The CGA provides for certain guarantees to apply in relation to the supply of goods and services in trade. In relation to goods there are guarantees that goods will be of acceptable quality and where goods are sold by descri...

6. KQ v M Ltd [2023] NZDT 74 (24 February 2023) [pdf, 204 KB]

   ...full service or that a recent full service had been carried out. Is it an aspect of acceptable quality under the Consumer Guarantees Act 1993 that a car is sold to a consumer with a recent full service? 7. The Consumer Guarantees Act 1993 (CGA) in section 6 provides for a guarantee that goods supplied to a consumer are of acceptable quality. Section 7 of the CGA defines ‘acceptable quality’ as including fitness for purpose, being acceptable in appearance and finish, absence o...

7. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...was a contract between the parties for the sale and purchase of the lehenga at the price of $1,250.00 and delivery by 28 November. C Ltd breached that contract. They breached the guarantee relating to delivery under the Consumer Guarantees Act 1993 (CGA) (s5A). 4. S5A also provides that where the breach is one of “substantial character” then the consumer may reject the goods cancel the contract and in addition, obtain from the supplier damages for any loss or damage to the consume...

8. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...provider. 3. The issues to be determined are as follows: a. Was the service fit for purpose? b. If not, what remedy is MT entitled to under the Consumer Guarantees Act 1993? Was the service fit for purpose? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 29 of the CGA provide a guarantee that services will be fit for purpose. 5. MT claims that the service was not fit for purpose as connectivity p...

9. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...Did ME exercise reasonable care and skill when he produced the pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is that he exercised reasonable care and skill when he produced t...

10. UO v TQ Ltd [2023] NZDT 562 (14 November 2023) [pdf, 97 KB]

    ...terms highlighted in that document, and I conclude that it did not become part of the contract. Did TQ Ltd carry out its service with reasonable care and skill, and was it fit for the purpose? 10. 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 makes kno...