Search Results

1. QH v N Ltd & T Ltd [2024] NZDT 523 (8 July 2024) [pdf, 187 KB]

   ...hearing took place by phone on 1 July 2024. All parties participated in the hearing. B represented N Ltd. Z represented T Ltd. Findings 11. The services provided by N Ltd and by T Ltd are subject to the Consumer Guarantees Act 1993 (“CGA”). 12. Where services are provided to a consumer, the service provider must exercise reasonable care and skill. 13. My finding is that both T Ltd and N Ltd failed to exercise reasonable care and skill. 14. T Ltd released the i...

2. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...other vehicles being damaged is evidence in this case that the damage was not caused by the carwash malfunction. Is MN/Insurer entitled to claim compensation for the cost of remedying the damage? 12. Under the Consumer Guarantees Act 1993 (CGA) guarantees are provided for consumers who use services. Section 32(c) provides that if a faulty service causes consequential damage to a consumer’s property, the provider may be liable to pay for the cost of the consequential damage,...

3. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...representations by MI Ltd? b. Is ND entitled to a full or partial refund? Was the item of acceptable quality taking into account the nature of the product and representations by MI Ltd? 4. Acceptable quality under the Consumer Guarantees Act (“CGA”) is defined as a standard that a reasonable consumer would consider acceptable. This means a product must be safe, durable, free from minor defects and fit for purpose having regard to factors such as price, nature of goods, nature...

4. GE v G Ltd [2024] NZDT 672 (19 August 2024) [pdf, 114 KB]

   ...of bathroom repairs and tiles. 4. The issue to be determined is whether G Ltd carried out the work with reasonable care and skill. Did G Ltd carry out the work 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. 6. GE provided the two invoices from [Plumbing Company], the quotation from G Ltd, photogr...

5. D Ltd v NN & LN [2024] NZDT 154 (10 April 2024) [pdf, 119 KB]

   ...specific agreement to leave materials for NN and LN to resell them, there can be no breach by D Ltd. Was the work done with reasonable care and skill? 11. 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. 12. The burden is on NN and LN to show that the services by D Ltd were not carried out with reasonable care and skill. They r...

6. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...working order. (d) As the System is a consumer item, and the company was in trade, this was also a breach of the statutory guarantee that the System be of acceptable quality and fit for purpose, as set out in the Consumer Guarantees Act 1993 (“CGA”). Given the warranty in the contract, the statutory guarantee does not add any additional protection for Ms E, but it does clarify the available remedies (s18). Whilst there is a remedy under the contract to be paid reasonable repai...

7. DN & LO v EK [2022] NZDT 78 (7 June 2022) [pdf, 153 KB]

   ...upon which NN could be held liable for any of the costs associated with water damage or bathroom remediation. Did EK carry out the house inspection service in October 2020 with reasonable care and skill? 13. 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 services with reasonable care and skill (section 28, CGA). 14. The pre-purchase inspection report provided by...

8. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...misrepresentation, and breach of the statutory obligations listed above. 23. This error entitles OF to be put in the position he would have been in had the misrepresentation not been made (CCLA), which could similarly be viewed as consequential losses under the CGA and FTA. In this case, damages under either head would be calculated on the same basis. 24. Had the estimate been exceeded, but within reasonable bounds (25%), the excess would have been acceptable as a risk of the esti...

9. PC v OR [2021] NZDT 1341 (8 April 2021) [pdf, 232 KB]

   ...named personally as a respondent, I am satisfied that the contract was with T Limited and the claim against OR cannot succeed. 4. The issues I must consider are: a. Were the services carried out with reasonable care and skill as required by s 28 CGA? b. If not, what remedy is appropriate? Were the services carried out with reasonable care and skill as required by s 28 CGA? 5. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 states that there...

10. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

    ...reasonable care and skill in providing its services, including any measurement, and in the inspection report it produced. This is a term reasonably implied into its contract and also applies if provided to a consumer under the Consumer Guarantees Act 1993 (CGA). b. Parties ‘in trade’ have obligations under the FTA not to engage in misleading and deceptive conduct or make false and misleading representations (with the Tribunal having jurisdiction – ss39 and 43 FTA). I accept Q...