Search Results

1. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...terms of the contract relating to payment, I do not consider that they can constitute ‘harsh or unconscionable’ terms. Did OL Ltd provide its advocacy services to TG with reasonable care and skill? 10. 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). 11. In considering whether or not OL Ltd provided it...

2. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

   ...to a construction fault. 22. There is no evidence to suggest that the problem is due to the failure of any particular component. 23. The warranty does not cover the type of defect that FM alleges. Consumer Guarantees Act 1993 (“CGA”) 24. The CGA applies when goods are supplied to a consumer. 25. A consumer is defined as a person who:1 Acquires from a supplier goods or services that are ordinarily acquired for personal, domestic, or household use or consumpti...

3. BE v TD Ltd [2023] NZDT 317 (25 July 2023) [pdf, 190 KB]

   ...me to decide is whether the knocking noise that BE has identified is a defect in the car that she bought and, if so, what remedy should be available to her. The law The purchase of the car was covered by the Consumer Guarantees Act 1993 (“the CGA”). Although the purchaser from TD Ltd was BE’s father, her evidence, which I accept, was that he purchased it on her behalf. Thus, BE is entitled to any claims that there might be against TD Ltd under the CGA. The CGA provides guarant...

4. KS v T Ltd [2023] NZDT 28 (11 January 2023) [pdf, 225 KB]

   ...provide its service with reasonable care and skill by leaving KS’ car exposed to the elements after sandblasting, by cutting trims around the rear window and did they cause denting damage to external panels? 6. 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). 7. H Ltd acknowledge that KS’ car was left outs...

5. UX v J Ltd [2023] NZDT 105 (16 March 2023) [pdf, 204 KB]

   ...answer to either of the above is “no”, is UX entitled to return the machine and to receive damages in compensation, or some other remedy. (d) What should happen to the machine. Law 7. I have considered whether the Consumer Guarantees Act (CGA) applies to the sale and purchase of the UTV. I have decided it does not. The CGA applies to goods ordinarily acquired for personal domestic or household use (S.2 CGA). J Ltd’s IH said that J Ltd sells these machines solely to farmers....

6. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...agreement for an exchange of things of value. If the parties agree for one to provide certain services in exchange for payment, the services must be carried out as agreed and the payment must be made as agreed. The Consumer Guarantees Act 1993 (CGA) imposes guarantees into contracts between people and businesses in trade, and consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional stand...

7. BI v U Ltd [2024] NZDT 614 (8 August 2024) [pdf, 101 KB]

   ...compensated? Is $2,075.00 a reasonable amount for BI to receive in damages in compensation for a reduction in value of the hire of the camper? CI0301_CIV_DCDT_Order Page 2 of 4 4. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 6 of the CGA provides a guarantee that where goods are supplied to a consumer they will be of acceptable quality. Section 7 provides a definition of acceptable quality. Section 18 provides the remedies that are available to a co...

8. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...a) Did TH Ltd carry out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work 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. IO claims that the film was used was of very poor quality, and that there were obvious bu...

9. ABL & ABM v ZYS Ltd [2013] NZDT 59 (16 May 2013) [pdf, 58 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 59 BETWEEN ABL APPLICANT ABM SECOND APPLICANT AND ZYS Ltd RESPONDENT Date of Order: 16 May 2013 Referee: Referee Edwards ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the correct respondent in this matter is ZYS Ltd. LI accepts notice on behalf of the company. LI had originally been nam

10. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

    ...purchase. CI0301_CIV_DCDT_Order Page 2 of 3 10. D Ltd said that as the purchase was not itemised, they would refund 50% of the purchase price for the lockset. 11. The purchase of the parts is covered by the Consumer Guarantees Act 1993 (CGA) which provides that all supplies of consumer goods in trade come with a guarantee that the goods will be of acceptable quality, which includes that they will be as free from minor defects and as durable as a reasonable consumer fully acq...