Search Results

1. ET v SK [2023] NZDT 131 (5 March 2023) [pdf, 200 KB]

   ...consistent with the Parkinson decision cited on behalf of SK). 5. The issues I need to decide are: a. Whether SK sold the campervan ‘in trade’ such that the condition of the campervan as sold was in breach of the Consumer Guarantees Act 1993 (CGA) and/or the Fair Trading Act 1986 (FTA); and/or b. Whether SK misrepresented the condition of the campervan. c. If there has been a breach or misrepresentation, what loss that caused ET. Was the campervan sold in trade? 6. ET had ex...

2. QI & UD v P Ltd [2023] NZDT 636 (28 November 2023) [pdf, 175 KB]

   ...was the failure a failure of substantial character that would entitle QI and UD to claim a partial refund and compensation for extra sealant? Were plastering services provided with reasonable care and skill? 5. The Consumer Guarantees Act 1993 (CGA) provides implied guarantees for consumers that services purchased from suppliers must be provided with reasonable care and skill and must be fit for the purpose intended. If the services are not provided with reasonable care and skill, and...

3. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 KB]

   ...communication made at the time of sale, the estimated delivery date would be on or around mid-May 2022. Was the unit provided in accordance with the Consumer Guarantees Act 1993 and the agreement between the parties? 5. Section 5A of the CGA sets out that where a supplier is responsible for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer, CI0301_CIV_DCDT_Order Page 2 of 3 (a) at a time, or withi...

4. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...would be a 7mm overhang along the edge to help protect the unit. 7. I therefore find that the responsibility for the failure of the vanity lies with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which 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. What remedy, if any, should be given to ST? 8. The failure to install the vani...

5. KI Ltd v TS [2023] NZDT 256 (14 June 2023) [pdf, 137 KB]

   ...first order, that it is more likely than not that TS received the packages sent to him by KI’s company. Was TS entitled to a refund of the three orders, that was accomplished by him via chargeback? 11. The Consumer Guarantees Act 1993 (“CGA”) provides that where a consumer believes a supplier of goods has not complied with guarantees such as delivery within a reasonable time, or acceptable quality of the goods, or the goods being fit for any particular purpose made known to...

6. VL v U Ltd & LF Ltd [2023] NZDT 671 (6 December 2023) [pdf, 114 KB]

   ...to it being taken to LF Ltd for repair, it did not suffer from this particular problem with the flexiplate, and that it is more likely than not that this issue was caused by the work LF Ltd did on the car. 16. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers that services they receive must be provided with reasonable care and skill, and that they must be fit for purpose. Reasonable skill refers to the technical know-how required for the job. Reasonable care refe...

7. N Ltd v BS & TS [2023] NZDT 164 (9 May 2023) [pdf, 183 KB]

   ...report from a consultant which estimates that $15,182.00 is a reasonable cost for the work. 3. Both parties attended the hearing. N Ltd was represented by RV. Law 4. The law of contract and the Consumer Guarantees Act 1993 apply. Section 31 CGA provides: Guarantee as to price (1) Subject to section 41, where services are supplied to a consumer there is a guarantee that the consumer is not liable to pay to the supplier more than a reasonable price for the service in any case whe...

8. I Ltd v EX [2024] NZDT 219 (27 March 2024) [pdf, 103 KB]

   ...spent assessing the required drainage repair? • What invoiced amounts is EX liable to pay? Did I Ltd provide its services with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 3 8. 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). 9. EX contends that if I Ltd had carried out their ser...

9. KL v DQ & N Ltd [2023] NZDT 505 (14 April 2023) [pdf, 199 KB]

   ...regarding his intentions? CI0301_CIV_DCDT_Order Page 2 of 3 Has the supplier failed to complete the work within a reasonable time? If so, is the consumer entitled to cancel the contract? 6. Section 30 of the Consumer Guarantees Act 1993 (CGA) provides that, if there is no contractually agreed time for completion, there is a guarantee that services will be completed within a reasonable time. The courts have clarified that the correct approach is not to look at the length of...

10. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

    ...essential evidence material to the issues and is not intended to be a full record of the hearings or evidence presented. Has the respondent failed to provide its services with reasonable care and skill? 5. The Consumer Guarantees Act 1993 (CGA) provides guarantees to consumers who obtain services from a person who is in the business of providing that service. Section 28 of the CGA provides that where services are supplied to a consumer there is a guarantee that the service will b...