Search Results

1. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of...

2. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...Ltd. 9. The hearings took place by phone on 29 October and 10 December. Both parties participated in the hearings. Ms D represented H Ltd. Findings Law 10. H Ltd supplied goods and services to NB. The Consumer Guarantees Act 1993 (“CGA”) applies. CI0301_CIV_DCDT_Order Page 2 of 5 11. The CGA imposes guarantees that: a. Goods must be of acceptable quality; and b. Services must be provided with reasonable care and skill. 12. If these guarantees...

3. TZ & AS v TQ [2024] NZDT 220 (8 March 2024) [pdf, 210 KB]

   ...accept that they then agreed in August/September to a new carport for $5,800.00, which was paid but subsequently refunded. 5. In addition to these terms, where a supplier in trade provides services to a consumer the Consumer Guarantees Act 1993 (CGA) applies. This Act set outs guarantees, including those detailed below, and specific remedies. Did TQ fail to exercise reasonable care and skill and/or to produce an outcome that was reasonably fit for purpose within any agreed timeframe...

4. NB & TL v UQ Ltd [2021] NZDT 1657 (13 July 2021) [pdf, 191 KB]

   ...licensed builder and breach the Fair Trading Act 1986? (b) If so, were NB and TL entitled to cancel the contract? (c) Was the work carried out with reasonable care and skill and the restoration reasonably fit for purpose: Consumer Guarantees Act 1993 (CGA) (d) If not, what is the remedy? (e) Are NB and TL entitled to the return of the deposit? Counterclaim: (f) Were NB and TL entitled to cancel the contract? (g) Did NB and TL breach the contract? (h) If so, what is the remedy?...

5. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

   ...between the parties, there is not sufficient evidence for me to find that the course of dealings established an implied term in respect of the price for materials and labour. 26. N LTD’s services are subject to the Consumer Guarantees Act 1993 (“CGA”). 27. Section 31 CGA states that where services are provided to a consumer there is a guarantee that the consumer is not liable to pay more than a reasonable price for the service. Section 11 CGA has an identical provision in r...

6. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...motor was outside the warranty and the parts supplier would not provide any compensation. Law 13. The law of contract and Consumer Guarantees Act 1993 apply. Although the motor was covered by a 90-day supplier warranty, the rights under the CGA are additional to any rights under the warranty. 14. The CGA provides for implied guarantees in all consumer contracts that goods supplied will be of acceptable quality (ss 6 and 7), services will be carried out with reasonable care and sk...

7. GM v SNS Ltd [2018] NZDT 1116 (26 September 2018) [pdf, 100 KB]

   ...issues I need to decide are: a. Is it more probable than not that the second leak was due to a lack of reasonable care and skill in SNS repairing the first leak? b. If so, should the second invoice be paid? [3] The Consumer Guarantees Act 1993 (CGA) applies and requires all work by SNS be carried out with reasonable care and skill, and that any costs not agreed in advance be reasonable. Is it more probable than not that the second leak was due to a lack of reasonable care and sk...

8. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...timing of payments and interest? • What is payable on the claim and counter-claim? Did U Ltd provide its service with reasonable care and skill and is the product of its service fit for purpose? 7. 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 care and skill and that the product resulting from a service will be fit for purpose (sect...

9. HK v UB Ltd [2024] NZDT 252 (28 March 2024) [pdf, 199 KB]

   ...contract to writing. Taking that careful approach, any misunderstanding between the parties could have been avoided. Did UB Ltd fail to carry out its work with reasonable care and skill? 11. There is a guarantee in the Consumer Guarantees Act (CGA) that a supplier of a service will carry out its service with reasonable care and skill (S.28 CGA). That means the care and skill of a competent tradesperson. 12. I made a site visit with HK, HK’s son BK, CG and CB (UB Ltd’s employe...

10. FC v QK [2024] NZDT 415 (14 May 2024) [pdf, 208 KB]

    ...it is more likely than not that the problem preventing the [ventilation] system from working properly was a faulty controller. Was QK entitled to an opportunity to remedy and if so, has he had that opportunity? 16. The Consumer Guarantees Act (CGA) applies. A supplier of a service is required to carry out the work with reasonable care and skill (S.28 CGA). The product of the service must be fit for the particular purpose made known by the consumer (S.29 CGA). 17. If there has bee...