Search Results

1. TX v QC Ltd [2023] NZDT 94 (22 March 2023) [pdf, 172 KB]

   ...the cost of repairs to the vehicle. 3. The issues to be determined are as follows: a. Was the car of acceptable quality? b. If not, what remedy is TX entitled to? Was the car of acceptable quality? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable and free from minor def...

2. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...reasonable care and skill and ensure plans were fit for purpose (s28, 29 Consumer Guarantees Act 1993). 4. The Company accepted this. Given the layout of the site, it was also established that there was no value in the work that had been done (s39 CGA). 5. Consequently, the applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30...

3. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

   ...had already been a failure of guarantee by B Ltd because they had not provided the service in a reasonable timeframe (or followed up in order to do so) as per the guarantee of reasonable timeframe for services in the Consumer Guarantees Act 1993 (‘CGA’). The responsibility to ensure the job proceeds in a reasonable timeframe lies with the supplier, particularly once they have accepted a 50% part-payment, so even if there had been a misunderstanding about who was waiting on contact from...

4. AT Ltd v ZG [2014] NZDT 662 (15 September 2014) [pdf, 22 KB]

   ...and pre-auction meeting chargeable given that auction was cancelled prior to a pre-auction meeting taking place? [7] Have the marketing services been provided with reasonable care and skill as per section 28 of the Consumer Guarantees Act 1993 (CGA)? [8] What amount, if any, is owed by ZG? Decision / Law What period are the marketing services provided for in the contract (agency agreement) to cover? [9] I find that it is reasonable to infer that the (maximum) $2,500...

5. EW v KR & K Ltd [2024] NZDT 319 (29 April 2024) [pdf, 91 KB]

   ...cannot be repaired and KR has declined EW’s request for a refund. 3. KR said that the Inverter came with a one-year warranty and that had expired and so EW should not be entitled to a refund however Section 6 of the Consumer Guarantees Act 1993 (CGA), provides that goods supplied to consumers come with a guarantee of acceptable quality. The meaning of ‘acceptable quality’ includes being durable and fit for purpose (see section 7) CGA. EW claims that the Inverter was not fit for...

6. BB v IU [2024] NZDT 346 (13 May 2024) [pdf, 126 KB]

   ...over a few weeks. BB then came to collect the dishwasher, but refused to take it because he says it was bigger than he wanted and in poor condition. BB seeks an order that IU is liable to pay him $1,300.00. 2. The Consumer Guarantees Act 1993 (CGA) does not apply to this transaction because the dishwasher is a commercial pass through style dishwasher and is not an item that would ordinarily be sold for domestic or household use. 3. Generally, the principle of “buyer beware’ wil...

7. MS v L Ltd [2024] NZDT 284 (20 March 2024) [pdf, 171 KB]

   ...dropped on it. They told him a replacement hob top would cost $1,283.00. This is the amount MS is claiming. 2. The issue to be determined is whether the induction top was of acceptable quality for the purposes of the Consumer Guarantees Act 1993 (CGA). “Acceptable quality” under the CGA includes that the induction top is durable. 3. MS provided evidence (photograph) of the damage to the cooktop. He also sent a picture showing the iron skillet he was using when the crack occurre...

8. KT v P Ltd [2024] NZDT 382 (14 June 2024) [pdf, 128 KB]

   ...‘hybrid’? b. Did P Ltd have any duty to advise KT the type of hybrid that it is, or the likely performance of the vehicle? Does the [vehicle] comply with the description ‘hybrid’? 3. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 9 of the CGA provides a guarantee that where goods are supplied by a description to a consumer, there is a guarantee that the goods correspond with the description. 4. I find that the [vehicle] complies with the descr...

9. GT v O Ltd [2024] NZDT 554 (20 July 2024) [pdf, 175 KB]

   ...to be determined are as follows: a. Do the skirts comply with the description they are sold under? b. If not, what remedy is GT entitled to? Do the skirts comply with the description they are sold under? 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA provides a guarantee that where goods are supplied to a consumer by description, the goods will correspond with the description (s 9). 6. These skirts...

10. MM v N Ltd [2024] NZDT 503 (8 August 2024) [pdf, 173 KB]

    CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 503 APPLICANT MM RESPONDENT N Ltd The Tribunal orders: The claim is dismissed. Reasons: 1) In February 2023, the applicant bought a [vehicle] from the respondent. At the time of purchase the car had an odometer reading of 52,547 kilometres. 2) On or about 25 March 2024 the car broke down. The car was repaired, and the water pump nee