Search Results

1. LD Ltd v SQ Ltd [2023] NZDT 57 (21 February 2023) [pdf, 100 KB]

   ...work meet the contractual standard? b) What sum, if any, is payable between the parties? Did the work meet the contractual standard? 4. The law of contract allows parties to enter into legally binding agreements. The Consumer Guarantees Act 1993 (CGA), briefly mentioned in submissions, does not apply since construction of an infinity cove is not a service ordinarily acquired for personal, domestic, or household use or consumption. However, the written contract provided that LD Ltd guar...

2. D Ltd v KL [2023] NZDT 684 (21 December 2023) [pdf, 119 KB]

   ...that a full refit would have required substantially more time and labour than charged and that the agreed price reflected this. If so, what is the remedy? 11. Where there has been a failure of a guarantee, then the remedy under s32 of the CGA depends upon whether the defect can be remedied and if so, whether the company has refused or neglected to remedy it within a reasonable time, or if it can’t be remedied or is a substantial character. CI0301_CIV_DCDT_Order Page 3...

3. UN v DE Ltd [2021] NZDT 1546 (2 September 2021) [pdf, 211 KB]

   ...c. If no cause for the crack is proven, can an inference be drawn from the fact that a crack occurred? Did EN fail to use reasonable care and skill in the laying of the concrete patio? [3] 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. This is the law of negligence codified. The Tribunal asks what reasonable care and skill re...

4. CN Ltd & ID Ltd v W Ltd [2022] NZDT 82 (18 March 2022) [pdf, 150 KB]

   ...return the [WCN] machines to W Ltd on the basis that they are not ‘fit for purpose’. However, the Consumer Guarantees Act 1993 does not apply as the machines are commercial-grade [drink] machines so rejection of the goods and a refund under the CGA is not an available remedy. As the Sale of Goods provisions and Contractual Remedies provisions (relating to misrepresentation), with the Contract and Commercial Law Act 2017 do not provide the remedy of a refund, the revised claim is for...

5. CU v KI Ltd [2022] NZDT 19 (23 February 2022) [pdf, 201 KB]

   ...determined are: a) Did KI Ltd carry out its services with reasonable care and skill? b) What sum, if any, must the hotel pay to CU? Did the motel carry out its services with reasonable care and skill? 9. 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. 10. KI Ltd’s representative submitted that it did not have a reception area or l...

6. OT v KI [2024] NZDT 385 (3 May 2024) [pdf, 180 KB]

   ...sum, if any, is payable between the parties? Did the supplier carry out the tinting with reasonable care and skill? Did the supplier cause the scratches? CI0301_CIV_DCDT_Order Page 2 of 3 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. The supplier said that he only observed scratches on two bifold doors, and he maintained...

7. BD & NT v S Ltd & C Ltd [2024] NZDT 769 (4 October 2024) [pdf, 105 KB]

   ...care to carry out the concrete work with reasonable care. Breach of a duty of care can found an action in negligence, and I conclude that the subcontractor has the same liability to the clients in negligence that the builder has to them under the CGA. CI0301_CIV_DCDT_Order Page 3 of 5 Did the subcontractor breach its contract with the builder? What sum, if any, is payable by the subcontractor to the builder? 14. The subcontractor largely fronted the respondents’ defence, and the...

8. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...quality of the advice that the she received from UI. BW’s counter-claim is based on an argument that UI inappropriately advised to her to not make an application for child support. 18. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). Section 28 CGA states that where a supplier provides services to a consumer, there is a guarantee that the supplier will exercise “reasonable care and skill”. 19. BW’s concerns about I LTD’s services were complex and wide-ra...

9. CN & MN v KN & W Ltd [2024] NZDT 521 (7 August 2024) [pdf, 218 KB]

   ...of loss of, or damage to, property (s10(1) of the DT Act). The Tribunal also has jurisdiction conferred on it by the statutes set out in Part 2 of Schedule 1 to the DT Act (s10(2) of the DT Act), including the Consumer Guarantees Act 1993 (“the CGA”) and the Fair Trading Act 1986 (“the FTA”). 11. As I explained to the parties at the hearing, CN and MN did not have a contractual relationship with, or receive services from, KN and/or W Ltd. CN and MN spoke to KN (as W Ltd’s ag...

10. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

    ...photographs provided show the clearcoat is lifting and exposing damaged paint. Ultimately the respondent admits that the paint has not lasted as long as expected and, on that basis alone, I am persuaded that the applicant is entitled to a remedy under the CGA. CI0301_CIV_DCDT_Order Page 3 of 5 What remedy is the applicant entitled to? [24] Under the Act a consumer is entitled to the reasonable cost of remedy and any reasonably foreseeable loss if a supplier breaches...