Search Results

1. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...only 6,000 kg, and a reasonable person knowing this would have sought TYY’s confirmation rather than relying on TY’s assurance that it had obtained cover. [3] FB now claims $1,479.60 against both TY and TYY by way of damages for breach of the Consumer Guarantees Act 1993 (CGA). This sum represents the cost of the ABS replacement less the premium refund and the $250.00 policy excess, plus his $45.00 filing fee. Issues (a) Does this dispute cover issues already determined by t...

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

   ...several issues with the ‘poor position of the implant and lack of cleansability of the crown’. DE paid $1,201.00 for the removal of the crown and implant. At the time of this hearing, he was still undergoing remedial work on his teeth. 8. The Consumer Guarantees Act 1993 provides consumers with a guarantee at section 28 that services will be provided with reasonable skill and care and at section 29, a guarantee that they will be fit for purpose. If either guarantee is not met b...

3. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...subsequently acknowledged that this was not the case and that the damage was caused by the tip of a drawstring torn from a pair of shorts during the wash cycle, as originally stated by their technician. 4. The Applicant brings this claim pursuant to the Consumer Guarantees Act 1993 (CGA) and seeks a refund of the $1,299.00 purchase price of the washing machine and the costs of having to go the laundromat in the meantime in the amount of $416.00, for a total claim of $1,715.00. 5. Th...

4. OH v T Ltd & Ors [2024] NZDT 570 (10 July 2024) [pdf, 201 KB]

   ...removal of the Class B materials with reasonable care and skill? iii. What remedy, if any, should be given? Did T Ltd Ltd carry out the service to remove and clear the asbestos done with reasonable care and skill? 7. Under s28 of the Consumer Guarantees Act 1993 a consumer has the guarantee that services will be carried out with reasonable care and skill. 8. I am satisfied that T Ltd breached section 28 of the Consumer Guarantees Act 1993. I’m persuaded by the evidenc...

5. QS v DD Ltd [2022] NZDT 27 (20 April 2022) [pdf, 128 KB]

   ...months later. Those repairs were carried out after the February hearing of this matter during an adjournment period. 6. QS seeks to reject the vehicle, cancel the contract and obtain a refund for amounts paid to date, as per the provisions of the Consumer Guarantees Act 1993 (‘CGA’). She also seeks a refund for breakdown insurance payments made under the contract and alternative transport costs for the period she was without a car. 7. The issues to be determined are: • Wa...

6. SN v G Ltd [2023] NZDT 645 (25 October 2023) [pdf, 184 KB]

   ...like to reassure the parties that all evidence presented to the Tribunal has been considered, but this order only refers to essential evidence material to the issues and is not intended to be a full record of the hearings or evidence presented. Consumer Guarantees Act 1993 7. The supply of excavation services is subject to contract law and to the statutory guarantees set out in the Consumer Guarantees Act 1993 (the Act). CI0301_CIV_DCDT_Order Page 2 of 3 8. Section 28 of...

7. DB v K Ltd [2024] NZDT 325 (16 April 2024) [pdf, 98 KB]

   ...result of misuse, while admitting it had not viewed the oven and was inferring this from the applicant’s and technician’s earlier reports. [7] As discussed at hearing, the Tribunal is required to apply the relevant law. In this case, as this is a consumer sale, the sale is subject to both the law of contract and the Consumer Guarantees Act 1993 (CGA). In terms of the CGA, goods supplied to a consumer must be of acceptable quality. A consumer has a right of redress against a supplier...

8. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...a. Was the vehicle of acceptable quality? b. Did the Respondent fail to fix the vehicle within a reasonable time? c. What sum, if any, must the Respondent pay to the Applicant? Was the vehicle of acceptable quality? 4. Section 6 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be of acceptable quality. Section 7 defines acceptable quality to include being as durable, fit for common purposes,...

9. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...reasonable care and skill and was the product of the service fit for purpose? • What remedy is available to BC? Did ST Ltd provide its service with reasonable care and skill and was the product of the service fit for purpose? 5. 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 servic...

10. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

    ...30 August 2020. e. $6046.17 for the North Shore Cardiology Department service on 31 August 2020. f. $880.30 comprising $440.15 for each of 2 reviews on 20 September 2020 and 18 February 2021. 3. The issues to be determined are: a. Does the Consumer Guarantees Act 1993 apply? i. If so, is N Ltd liable under Consumer Guarantees Act 1993 for the breach of any guarantee concerning the original pacemaker which was supplied by N Ltd China Limited and implanted in China and any reasonab...