Search Results

1. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   ...fillings. TD says the work was not done with reasonable care and skill and was not fit for purpose. TD seeks an order that E Ltd is liable to pay her damages of $13,425.00. 2. The issues to be resolved are: a. Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? b. If so, what remedy is appropriate? Has there been a breach of the Consumer Guarantees Act 1993 by E Ltd? 3. I find that it is most likely that the dental work undertaken by E Ltd in relation to four...

2. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...invoice. 2. J Ltd claims the sum of $6,790.75 for the outstanding invoice. 3. PE Ltd counterclaims for a declaration of non-liability for the sum of $6,790.75 plus filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product?...

3. ET & DT v CP Ltd [2022] NZDT 222 (29 November 2022) [pdf, 97 KB]

   ...responsible for the return of the cabin to CP Ltd? CI0301_CIV_DCDT_Order Page 2 of 3 Are ET and DT entitled to the cost incurred to transport the cabin from Logistics Depot to [Suburb]? 6. The law that applies here is found in the Consumer Guarantees Act 1993 (the Act). That Act creates a number of statutory guarantees upon the supplier of goods to a consumer, including the guarantee that the goods will be of acceptable quality. This includes a requirement that the pack...

4. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...a few minutes hung up. I called director CT back and asked if he wanted to attend the hearing and he replied no. Therefore, the hearing was conducted and completed today in the absence of P Ltd. 4. The issues to be decided are: a) Does the Consumer Guarantees Act apply to the sale? b) Was the [vehicle] of acceptable quality? Was it fit for purpose and safe at the time of sale? If not, was the failure a failure of substantial character? c) If so, is B Ltd entitled to claim compensa...

5. DA v YB [2023] NZDT 685 (20 December 2023) [pdf, 166 KB]

   ...negative feedback on [online platform]. 3. At that point, the respondent said they would only assist with the problem once the negative feedback was removed. In taking this stance, the respondent failed to comply with their obligations under the Consumer Guarantees Act 1993 (CGA) to remedy a failure when given the opportunity to do so. 4. As the respondent did not remedy the failure within a reasonable time, the applicant is entitled to reject the goods and obtain a refund as per t...

6. ACX and ACY v ZXC Ltd [2013] NZDT 208 (11 July 2013) [pdf, 76 KB]

   ...we have not heard directly from him about his movements between 12 am and 1.30 am. ACX’s taxi receipt confirms an end time of 1.30 am. Was ZXC Ltd’s service carried out with reasonable care and skill? [4] Under the provisions of the Consumer Guarantees Act 1993, I find that ZXC Ltd’s service was not carried out with reasonable care and skill. The service charge of $65 was for 13 days of secure parking as well as shuttle transfers, the shuttle transfers being an inheren...

7. ET v T Ltd [2023] NZDT 109 (1 March 2023) [pdf, 204 KB]

   ...the screen failure was a consequence of a fault / defect with the phone itself, and not due to any careless handling by ET. 16. ET’s claim seeks a refund of the purchase price, and compensation for inconvenience. 17. The relevant law is the Consumer Guarantees Act 1993 (CGA). 18. Section 6 CGA states that where goods are supplied to a consumer, there is a guarantee that the goods must be of acceptable quality. 19. Section 7 CGA defines acceptable quality as follows: Goo...

8. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...for the particular purpose? b. If not, what is the remedy? Did ME exercise reasonable care and skill when he produced the pre-inspection report and was the report reasonably fit for the particular purpose? 4. The law of contract and the Consumer Guarantees Act 1993 apply. Sections 28 and 29 of the CGA provide guarantees to a consumer that the supplier will carry out its service with reasonable care and skill and that the outcome will be fit for purpose. 5. ME’s position is...

9. NT v D Ltd [2023] NZDT 299 (24 May 2023) [pdf, 186 KB]

   ...who is the director and sole owner of D Ltd. GT says he has over 20 years’ experience in the dry-cleaning business. He says he cleaned the jacket himself. Did D Ltd provide the cleaning service with reasonable care and skill? 5. Under the Consumer Guarantees Act 1993 (CGA) where services are supplied to a consumer (NT is a consumer for the purposes of the CGA) there is a guarantee that the service will be carried out with reasonable care and skill. 6. GT says he uses a Union d...

10. HD v RWW Ltd [2017] NZDT 1032 (15 February 2017) [pdf, 107 KB]

    ...trade’? [5] The level of protection available to a purchaser is different according to whether they buy privately or whether they purchase from either a registered motor vehicle trader or another seller who is ‘in trade’ for the purposes of the Consumer Guarantees Act 1993 (‘CGA’). [6] Ms RR does not sell enough vehicles per year to be required to be registered as a motor vehicle trader, but she does sell several vehicles per year for the purpose of making a profit, theref...