Search Results

1. NT v J Ltd [2023] NZDT 489 (26 September 2023) [pdf, 183 KB]

   ...the company carry out the services with reasonable care and skill? b. If not, what sum, if any, must the company pay? Did the company carry out the services with reasonable care and skill? 4. 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. 5. There was no dispute that the bus departed [Town 2] without NT, but the company’s po...

2. UH v D Ltd [2024] NZDT 45 (2 February 2024) [pdf, 179 KB]

   ...contracted and with reasonable care and skill? 6. Contract law recognises contracts can include both express terms agreed between parties, and terms which may be implied. Terms implied by law include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is CI0301_CIV_DCDT_Order Page 2 of 4 section 28 CGA which requires that servic...

3. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

   ...refund $1,500.00 to BT? c. Does the Tribunal have jurisdiction to hear a claim for stress, slander and derogatory comments? Did US carry out her services with reasonable care and skill? 6. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 7. I find, on the balance of probabilities, that US did not carry o...

4. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

   ...time? b. If not, are KX and KD entitled to claim compensation of $5,592.00 Did B Ltd take reasonable steps to notify KX and KD about the updated departure time so that they could get to the gate on time? 5. The Consumer Guarantees Act 1993 (CGA 1993) implies into all consumer contracts a set of minimum standards (guarantees) for services when they are supplied in trade to consumers. The services must be provided with reasonable care and skill. In addition, B Ltd’s. conditions of...

5. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the issues in dispute in this case relate to the quality of B Ltd’s service with respect to credits and refunds and their booking process, I consider it more appropriate...

6. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

   ...occurred during the move? CI0301_CIV_DCDT_Order Page 2 of 4 7. The relevant law is contract law, Part 5 Subpart 1 of the Contract and Commercial Law Act 2017 (CCLA), dealing with carriage of goods. Also, the Consumer Guarantees Act 1993 (CGA) which inserts certain guarantees into contract between suppliers of services in trade and consumers. What kind of contract of carriage was it? 8. Under CCLA s 248 and 249, the liability of a carrier for loss or damage to goods unde...

7. DN v BO [2024] NZDT 430 (6 June 2024) [pdf, 184 KB]

   ...skill and fit for purpose? 3. I find that the painting of the driveway was not done with reasonable care and skill and was not fit for purpose because the driveway is now slippery and dangerous when it is wet. 4. The Consumer Guarantees Act 1993 (CGA) provides that where services of a domestic nature are provided there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for any purpose the consumer makes known to the supplier....

8. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...Consumer Guarantees Act? e) Is NK entitled to the sum claimed? Was the repair of the rust by EI Ltd carried out with reasonable care and skill? 4. This claim concerns a contract for the supply of services. 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. 5. A consumer under the CGA includes a person who acquires services ordinarily acquired for...

9. ES v M Ltd [2023] NZDT 218 (3 May 2023) [pdf, 93 KB]

   ...to a refund of the price he paid for the car, or whether he must accept a replacement engine. CI0301_CIV_DCDT_Order Page 2 of 3 The law [5] The sale of the car by M Ltd to ES is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA sets out guarantees that apply where a trader supplies goods to a consumer, as in this case. The trader is taken to guarantee that the goods will be of acceptable quality and fit for their purpose. Section 18 of the CGA provides...

10. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

    ...and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier of goods if the goods fail to comply with the guarantees contained in the Act, such as being fit for the pu...