Search Results

1. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...in the context of both the claim and the counterclaim, with consideration at the end as to whether the counterclaim is made out independently of the claim. 5. As a preliminary matter, an issue raised was whether the contract was subject to the consumer remedies for residential building work (Part 4A) under the Building Act 2004. Section 362C of that Act provides that nothing in that part derogates from the Consumer Guarantees Act 1993 (CGA). Therefore, if the claim and counterclaim a...

2. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...to provide an outcome that was reasonably fit for purpose? b. If so, what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The...

3. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...sum of $2,000.00, which by the time of the hearing had been increased to $4,226.43. 5. The issues to be decided were as follows: a. Did the Respondents breach a legal duty to ZQ in damaging the door, either by breaching the contract or the Consumer Guarantees Act 1993, in not taking enough care to avoid the harm caused to the door by the process of powder coating? b. If so, what compensation is payable? Did the Respondents breach a legal duty to ZQ in damaging the door, eith...

4. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 3. The issues to be determined are: a) Did TH Ltd carry out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work with reasonable care and skill? 4. 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 ca...

5. AGS v ZTW [2013] NZDT 491 (15 January 2014) [pdf, 21 KB]

   ...going after applying CRC. AGS report trying it at home twice since then and say that it is not starting again and they have not been able to use it for more than 10 minutes at a time. [6] The relevant law is the general law of contract and the Consumer Guarantees Act 1993 (CGA). Is the mower of acceptable quality as per sections 6 and 7 of the CGA? [7] I find that the mower is not of acceptable quality as it is not free from minor defects, durable or fit for...

6. EN v T Ltd [2023] NZDT 726 (20 December 2023) [pdf, 175 KB]

   ...offered to extend the warranty on it. This replacement unit had undergone testing and inspection and it was fully capable of meeting the expected performance standards. CI0301_CIV_DCDT_Order Page 2 of 3 7. The law relating to this claim is the Consumer Guarantees Act 1993. The Act requires goods to be of an acceptable quality. If goods are not of acceptable quality then the consumer may have a remedy against the supplier and/or the manufacturer. Where goods are manufactured outs...

7. XM & KM v U Ltd [2024] NZDT 716 (15 August 2024) [pdf, 97 KB]

   ...been charged. 5. The issues are: (a) Were the services provided by U Ltd, namely the hire of the campervan fit for purpose? (b) If not, what loss is XM and KM able to recover? Were the services fit for purpose? 6. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that where a service is supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose and of such a nature and quality that it can reasonably be expe...

8. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...Does the Consumer Guarantees Act 1993 apply? b. If so, were the goods supplied of “acceptable quality”? CI0301_CIV_DCDT_Order Page 2 of 5 c. If the goods were not of acceptable quality, is E Ltd entitled to reject the goods? d. What consequential losses are proven? Does the Consumer Guarantees Act 1993 (“CGA”) apply? 9. Mr T (who represented E Ltd Ltd at the hearing) argued that the CGA applies, and the seedlings supplied were not of acceptable quality. 10...

9. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...failed on the night. Whilst this may have been the case, I find there is no causal link between the two occasions as the bull could have failed for various reasons. Was the failure of a substantial character? 13. By virtue of section 29 of the Consumer Guarantees Act 1993, (“CGA”), where services are supplied to a consumer there is a guarantee that the service will be reasonably fit for any particular purpose; of such a nature and quality that it can reasonably be expected to a...

10. MJ v OM Ltd [2023] NZDT 52 (21 February 2023) [pdf, 177 KB]

    ...acceptably durable? b) Did the vacuum cause the damage to the skirtings and door? c) What sum, if any, is payable? Was MJ misled into purchasing the extended warranty? Was the vacuum acceptably durable and fit for purpose? 5. 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,...