Search Results

1. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...may have to pay. I determined in that claim (CIV 20 094 321) that HM must pay the full amount of BTO’s invoice being $748.00. Whether the tub is of acceptable quality/fit for purpose 7. The provisions of the Consumer Guarantees Act 1993 (CGA) apply. UUL is in trade (as a supplier of hot tubs and other consumer goods) and the hot tub is of a kind ordinarily acquired for personal, domestic, or household use or consumption. HM is therefore a “consumer” for the purposes of the...

2. NS v T Ltd [2021] NZDT 1593 (23 June 2021) [pdf, 214 KB]

   ...c) Was NS entitled to cancel the contract? d) What sum, if any, is payable between the parties? Was there a binding settlement agreement? CI0301_CIV_DCDT_Order Page 2 of 4 6. A consumer who has a claim under the Consumer Guarantees Act 1993 (CGA) can agree to settle or compromise that claim, and the normal rules of contract law apply to any settlement agreement. However, parties generally cannot contract out of the Act in advance (CGA s 43). 7. I find that NS was not bound by the...

3. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [pdf, 263 KB]

   ...on that basis, I am not persuaded the applicant is entitled to cancel the sale. Of course, if any future fault arises the applicant is entitled to rely upon the provisions of the Consumer Guarantees CI0301_CIV_DCDT_Order Page 3 of 4 Act 1993 (CGA) and is not limited by the respondent’s limited express warranty or lack of [dryer brand] warranty. [12] The issue however is different with the dryer. I accept the applicant’s evidence, supported by the sticker referred to above, that...

4. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...a failure by R Ltd to comply with either or both of the above guarantees, whether GA is entitled to a refund of $736.00. Was R Ltd’s report not fit for the particular purpose made known? 7. There is a guarantee in the Consumer Guarantees Act (CGA) that the service provided by a supplier, and any product resulting from the service, will be (a) reasonably fit for any particular purpose; and (b) of such a nature and quality that it can reasonably be expected to achieve any particular r...

5. DM v VN Trustees Ltd [2014] 723 ( 31 October 2014) [pdf, 146 KB]

   ...kitchen window relocation and delays. The counter-claim is reduced to $15,000.00 to fall within the monetary jurisdiction of the Disputes Tribunal. [8] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (‘CGA’). As discussed at the hearing, the Tribunal’s jurisdiction in negligence is restricted to damage to or loss of property so does not include economic loss resulting from professional negligence. The counter-claim will therefore be cons...

6. DU & HU c/- V Trust v UT Ltd [2021] NZDT 1591 (28 July 2021) [pdf, 105 KB]

   ...DU and HU are entitled to a remedy, how much compensation is appropriate and is the amount claimed proved and reasonable? Are DU and HU entitled to compensation for the cost of repairing the wall? 7. The Consumer Guarantees Act 1993 (“the CGA”) applies to the services provided by UT to DU and HU. Where a supplier supplies services to a consumer, the CGA implies various guarantees including that the services will be carried out with reasonable care and skill (s28 of the CGA)....

7. QT v B Ltd [2024] NZDT 148 (10 April 2024) [pdf, 142 KB]

   ...between [address 2] been carried out with reasonable care and skill? 17. There is insufficient evidence to support a finding that the work by [B Ltd] on the boundary bank is defective. 18. It is likely that the Consumer Guarantees Act 1993 (CGA) applies to the work carried out by B Ltd The CGA applies when there is a supply of services of a kind which are ordinarily acquired for personal, domestic or household use. The services provided here are earthworks for a new house which is...

8. MO & HD v IE Ltd [2022] NZDT 285 (23 November 2022) [pdf, 154 KB]

   ...to build their new house within their budget. 12. Even though I am not persuaded that IE Ltd made an explicit representation that it would produce a design that could be built within the applicants’ budget, 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). 13. While this project occurred within a context of indus...

9. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...services with reasonable care and skill, is $24,856.39 a reasonable amount for it to pay to NI and TI in compensation? Did HJ Ltd provide its services with reasonable care and skill? 5. 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. 6. The photos provided by TI and NI clearly show blistering paint acros...

10. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

    ...and cost of shipping. If so, what happens to the damaged bag. (c) Whether the Tribunal can make an award of the Tribunal filing fee. Was the bag not of acceptable quality? CI0301_CIV_DCDT_Order Page 2 of 4 9. The Consumer Guarantees Act (CGA) applies. There is a guarantee in the CGA that goods supplied by a supplier to a consumer will be of acceptable quality. To be of acceptable quality, goods must be durable and fit for purpose (S’s 6 & 7 CGA). 10. I find that t...