Search Results

1. DE v UC Ltd [2024] NZDT 203 (17 January 2024) [pdf, 96 KB]

   ...include a refund of the price paid for the service, and in some circumstances, compensation for consequential loss. 9. In this instance I am satisfied on the evidence before me that the service provided to DE by KH breached the guarantees in the CGA as the services were not provided with reasonable skill and care, and nor was the final result fit for purpose. I find that the service provided by KH was of no value, and that on this basis DE is entitled to a full refund of the $16,...

2. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...Settled at or after settlement conference Decision issued & claim closed 8 16 62 7 24 9 Claims resolved Limitations periods under the Consumer Guarantees Act [34] A homeowner bought an application under Consumer Guarantees Act 1993 (CGA). It was argued that the insurer’s duty to provide claims resolution services with reasonable care and skill had been breached when it oversaw defective repairs. The insurer argued that any claim under the CGA needed to be brought withi...

3. DQ v MD [2024] NZDT 47 (12 January 2024) [pdf, 93 KB]

   ...situation. The courts have held that any ambiguity in a written contract is generally construed against the party who drafted the contract, since that party had the opportunity to express the wording more clearly. Also, the Consumer Guarantees Act 1993 (CGA) may apply, and the note on the invoice would be insufficient to contract out of that Act under s 43. 10. I conclude that DQ is entitled to a full refund, given that it has received no value from the contract. Since $5,000.00 rather t...

4. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...covered under X Ltd’s policy. d. Whether KD lost his opportunity to remediate the bike. Consideration of the issues Did N Ltd fail to complete the work on KD’s bike within a reasonable time? 11. Under the Consumer Guarantees Act 1993 (CGA) there is a guarantee that service will be completed within a reasonable time where the time of completion cannot be determined by reference to the contract or course of dealings (s30 of the CGA). 12. Consumers are also entitled to...

5. LQ & QQ v T Ltd [2023] NZDT 463 (30 November 2023) [pdf, 196 KB]

   ...4. The issues to be determined are: a) Did T Ltd install the turf with reasonable care and skill? b) What sum, if any, is payable? Did T Ltd install the turf with reasonable care and skill? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) 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. Where part of the service involves consulting with the consumer and providing advice on any ch...

6. OS v E Ltd [2023] NZDT 89 (23 March 2023) [pdf, 182 KB]

   ...a. OS did not have a contract for delivery services with E Ltd. Her contract was with Amazon who had the obligation of getting the goods from Amazon to her. b. OS did not acquire delivery services from E Ltd which is a requirement under the CGA. She paid Amazon to deliver the goods to her but she had no say as to how that service would be provided. E Ltd were providing the delivery service to Amazon. It was not providing the service to OS. c. The services of E Ltd were acquired...

7. DS v VH Ltd [2016] NZDT 898 (11 February 2016) [pdf, 24 KB]

   ...Guarantees Act would apply if there were issues of quality in dispute because although DS was buying the car for a business purpose, the parties had not contracted out of the Act and he is therefore a consumer under the definition contained in the CGA. However, the issues in dispute are of a contractual nature, specifically whether or not the deposit is refundable. DS claims a refund of the $1,000.00 deposit. Issues [5] The issues to determine are:. a. Was a contract formed wh...

8. MVDT Annual Report 2012-2013 (Wellington) [pdf, 194 KB]

   ...including that mentioned above), is that consumers generally understand an auction to be concluded when the bidding is closed. The purpose of this definition is not clear (particularly given the change made to the Bill at Select Committee so that the CGA applies to sales of second-hand cars) and I believe it will create confusion for consumers attending auctions. (b) Warrant of fitness inspections There have been a number of cases where purchasers have brought up concerns about t...

9. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...done by another supplier. 3. The supplier did not attend the hearing or present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 4. The issue to be determined under s 30 of the Consumer Guarantees Act 1993 (CGA) is whether the supplier has failed to complete the work within a reasonable time. On the evidence before me, I accept that the supplier failed to complete the work within a reasonable time. I also accept that the supplier failed to remed...

10. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

    ...requested; however, N Ltd only refunded $30.00 for the areas it accepted were not done. Did N Ltd breach an implied guarantee as to workmanship? 5. The Consumer Guarantees Act 1993 provides for implied guarantees in all consumer contracts. Section 28 CGA provides that services will be provided with reasonable care and skill. Where the breach is substantial, or is not capable of remedy, the consumer can cancel the contract and request a refund of the money paid. 6. FC says the sh...