Search Results

1. NC & CC v FU Ltd [2020] NZDT 1389 (28 October 2020) [pdf, 101 KB]

   ...are they durable? • What remedy, if any, is available to NC and CC? Are the products of acceptable quality, specifically are they free from minor defects and are they durable? 5. Sections 6 and 7 of the Consumer Guarantees Act 1993 (‘CGA’) provide a statutory guarantee that goods supplied will be of acceptable quality, the relevant definitions in this case being that the goods will be acceptable in appearance and finish, free from minor defects and durable. 6. CC provi...

2. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

   ...Consumer Guarantees Act 1993. What remedy is available to DA? [16] I find that, due to the breach of guarantees outlined above, DA is entitled to have the bike checked and reassembled properly by another supplier under section 32(a)(ii)(A) of the CGA and is entitled to additional damages under section 32(c) of the CGA. [17] The estimated cost of reassembly/inspection is awarded at $250.00 and the amount paid for registration for the time it was in the workshop (before...

3. AFV v ZUA Ltd [2013] NZDT 401 (28 August 2013) [pdf, 59 KB]

   ...AFV justified in taking his car to another repairer because ZUA Ltd failed to remedy the matter in a reasonable time? (iii) Is ZUA Ltd responsible for the invoice of JR Ltd? Law [3] The relevant law is the Consumer Guarantees Act 1993 (CGA). The CGA implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic or household use. In the case of the supply of services, there is a guarantee that the se...

4. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...the consumer regarding the possibility of pain? What promises or representations were made regarding the outcome? What was the agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or...

5. BC v BT [2021] NZDT 1625 (12 July 2021) [pdf, 175 KB]

   ...the battery failed prematurely and that the problem with the external charger was a fault he should not have to pay for. 3. The question is whether the laptop failed the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA). Did the battery fail prematurely? 1. In order to get the best information about the state of the battery and repairs, the agent was phoned from the hearing. Unfortunately, because of BC’s delay in making the claim, the...

6. AGM Ltd v ZVJ and ZVI Ltd [2013] NZDT 461 (17 June 2013) [pdf, 64 KB]

   ...rolls of material supplied by GHB Ltd? (v) Was the need for two trips to [a town] the fault of either party? (vi) What is to be paid by whom? Law [5] Both the general law of contract and the provisions of the Consumer Guarantees Act 1993 (CGA) are to be given consideration. [6] Section 28 of the CGA states “where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill.” Decision...

7. UH v KM Ltd [2023] NZDT 111 (30 June 2023) [pdf, 117 KB]

   ...transmission within a reasonable period of time? 4. KM Ltd acknowledged that there was a fault with the transmission which required remedial action, so I accept that the car was not of an acceptable quality under the Consumer Guarantees Act 1993 (CGA), but was capable of being remedied. In these circumstances, under section 18 of the CGA, the consumer must first give the supplier a reasonable time in which to remedy the failure. Under section 19, how the supplier remedies a failure is...

8. A Ltd & CB v X Ltd [2023] NZDT 528 (16 October 2023) [pdf, 197 KB]

   ...the car fit for purpose? c) Was there a reasonable opportunity to remedy? d) Is A Ltd entitled to all or any of the $2,350.74 that is claimed? Were the repairs done with reasonable skill and care? 4. Under the Consumer Guarantees Act 1993 (‘CGA’) it implies guarantees into contracts for the supply of goods and services of a kind ordinarily acquired for personal, domestic, or household use. In the case of the supply of services, there is a guarantee under Section 28 of the CGA th...

9. XC v MG Ltd [2019] NZDT 1404 (1 May 2019) [pdf, 216 KB]

   ...$1276.50 for repairs carried out as detailed in the manufacturer’s service bulletin. 4. The parties agree that the aircraft is a light aircraft for pleasure flying, so Mr C is a consumer for the purposes of the Consumer Guarantees Act 1993 (‘CGA’) as the goods are of a kind ordinarily used for personal, domestic or household purposes. 5. The issues to determine are: • Is MG contractually liable to pay the claimed amount for installation of an inline oil thermostat? •...

10. SN v X Ltd [2024 NZDT 93 (23 January 2024) [pdf, 138 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 93 APPLICANT SN RESPONDENT X Ltd The Tribunal orders: The Application is dismissed. Reasons: 1. SN cancelled his commercial vehicle insurance policy with X Ltd via [messaging app] on 13 April 2023. On the 17 April 2023, SN called X Ltd as he had not heard anything from X Ltd. SN claims that X Ltd treated him poorly in that phone call