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1. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B Transport is a ‘supplier’ for the purposes of the CGA with respect to its carpark operations because it is deemed to be ‘in trade’ in that situation (it is not �...

2. ES Ltd v OH & TH [2024] NZDT 214 (28 March 2024) [pdf, 134 KB]

   ...unsatisfactory. The issue [10] I must consider whether ES Ltd is entitled to payment of the balance of its account, and whether the respondents are entitled to the compensation that they seek. The law [11] The Consumer Guarantees Act 1993 (“the CGA”) applies to the services supplied by ES Ltd to OH and TH. The CGA imposes guarantees, where tradespersons supply services to consumers, that the services will be provided with reasonable care and skill, and the result of the serv...

3. OL v CD Ltd [2023] NZDT 711 (19 December 2023) [pdf, 230 KB]

   ...more than personal consumer use. However, neither party has provided me with any reliable evidence on which to make any finding on this point and I am satisfied that on the surface at least this is a sale governed by the Consumer Guarantees Act 1993 (CGA) because the goods supplied by the respondent to the applicant were of a kind ordinarily acquired for personal use. Even if I am wrong in this finding, the outcome would be the same given the scooters failed within two to three days, leadi...

4. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...that there was a further breach of contract and in my findings below. Were ST Ltd’s concreting services carried out with reasonable care and skill and is the product of the service fit for purpose? 15. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantees in this case being that a supplier will carry out its services with reasonable CI0301_CIV_DCDT_Order Page 3 of 5 care and skill and that the product resulting fr...

5. DD & UD v AX & Ors [2024] NZDT 187 (26 March 2024) [pdf, 212 KB]

   ...car]? • Are UD/DD liable to pay costs of repair to the [courtesy car]? • Is the $2000.00 deposit initially paid to N Ltd refundable? Was the [Vehicle 2] sold to DD and UD of acceptable quality? 11. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers that goods will be of acceptable quality, the relevant aspects of the meaning of acceptable quality in this case being that the car is as free of minor defects and as durable "as a reason...

6. EL v CF Ltd [2022] NZDT 81 (30 March 2022) [pdf, 112 KB]

   ...establish that the car’s roof mechanism was defective at the time he bought the car, and that the other costs he claims were the result of that defect. The law [13] The sale of the car is covered by the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides a guarantee that goods provided by traders to consumers will be of acceptable quality. Goods are of acceptable quality if, among other things, they are acceptable in appearance and finish, and free from minor defects,...

7. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...humiliation”. 14. The hearing took place by phone on 18 September 2023. DX and STX participated in the hearing. I was not able to contact SCX on the phone number provided. Law 15. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 16. Where services are provided to a consumer there is a guarantee that: a. The services will be provided with “reasonable care and skill”; and b. Any product from the service will be fit for the purpose that the cons...

8. AAZ and ABA v ZZE and ZZD [2013] NZDT 29 (25 Febuary 2013) [pdf, 112 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 29 BETWEEN AAZ FIRST APPLICANT AND ABA SECOND APPLICANT AND ZZE FIRST RESPONDENT AND ZZD LTD SECOND RESPONDENT Date of Order: 25 February 2013 Referee: Referee Blake ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] On 6 August 2012, AAZ and ABA visited BC in [a place]. ABA viewed several pieces,

9. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

   ...as well as a professional one. Did MA or JO Ltd provide job seeking services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 3 of 5 19. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 20. AM said there was a failure in this case because BM interviewed for a job at a restaurant that was recommended by JO Ltd. Ho...

10. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

    ...return of any of the funds paid. Has IF Ltd failed to carry out services with reasonable care and skill as required by the Consumer Guarantees Act 1993? 21. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 22. HT said that it was a failure of reasonable care and skill not to undertake predeparture testing for Covid. He said tha...