Search Results

1. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...hard against the wall, there would be a 7mm overhang along the edge to help protect the unit. 7. I therefore find that the responsibility for the failure of the vanity lies with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which 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. What remedy, if any, should be given to ST? 8. Th...

2. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

   ...to produce the outcome made known, or a failure to produce the outcome within the agreed timeframe? c. If not, what is the remedy? Who supplied the services and who were the contracting parties? 9. The common law of contract and the Consumer Guarantees Act 1993 (CGA) apply. 10. JL’s position is that she engaged the company then known as Company P Limited to supply the services. In support she says that the Director is QV and that she spoke with him directly in late 202...

3. NQ v C Ltd [2024] NZDT 651 (21 August 2024) [pdf, 221 KB]

   ...dispute with C Limited - $500.00. e. Remedial work done by E Ltd - $7,638.30. f. Hours of remedial work done by NQ - $5,000.00. g. Damages for stress - $15,000.00. 5. The issues are: a. Was flooring of acceptable quality as required under the Consumer Guarantees Act 1993 (CGA). b. Did C Limited supply the replacement boards within a reasonable time? c. What remedy is NQ entitled to under the CGA. Was the flooring of acceptable quality as required under the CGA? 6. I...

4. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 6 11. I am satisfied on the evidence before me that the value of the 80,000 [Airline points] is NZ $3,800.00. Are the BK and BH entitled to the cash equivalent of the 80,000 [Airline points]? 12. The Consumer Guarantees Act 1993 (CGA) is applicable. There are certain guarantees under the CGA (which cannot be contracted out of). The applicable guarantee is that the guarantee the service is reasonably fit for a particular purpose (s29 of the CGA...

5. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...years’ experience and had imported about 100 vehicles, so could not have failed to understand the risk of odometer tampering. [10.3] It was negligent not to properly check the odometer readings. [10.4] Mitigation was not appropriate or possible as consumer protection was the overriding factor. [10.5] The consequence of forfeiture was proportionate, given the vehicle’s value of NZD 3,119. 4 Reply from the appellant [11] The appellant replied to Customs’ posit...

6. KL v WS LCRO 160/2013 Penalty (15 June 2016) [pdf, 38 KB]

   ...Conveyancers Act 2006 AND CONCERNING a determination of the Area Standards Committee BETWEEN KL Applicant AND WS Respondent The names and identifying details of the parties in this decision have been changed. CONSEQUENTIAL ORDERS Section 156 Introduction and Background [1] Pursuant to s 211(1)(a) of the Lawyers and Conveyancers Act 2006, on review the decision of the Standards Committee has been: (a) modified to record a determination ma...

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

   ...where the justice of the case requires it. (d) The second is that three factors exist in this case which make such a step appropriate. These factors are as follows: (i) The Company was in the business of property development. Ms E is a consumer, in the sense that she has purchased the house to be her home from an entity that is in trade. Consumers often do not turn their minds to the potential for it to be hard to recover any compensation from a Company. If they did, they...

8. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...about the vehicle and what he had done. I’m sorry there is nothing more we can do. 12. OQ emailed N Ltd on 25 November, 2 December and 27 January, challenging N Ltd’s decision not to provide any remedy and referring to her rights under the Consumer Guarantees Act. She asked N Ltd to either repair the vehicle or refund the repair cost. N Ltd repeated that the motor was outside the warranty and the parts supplier would not provide any compensation. Law 13. The law of contract...

9. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

   ...airport, and it is not financially feasible for it to offer flights from other centres. Issues i) Is the applicant limited by the DOCA? ii) Has the respondent acted reasonably when administrating the FFCP? (1) Terms of the contract (2) The Consumer Guarantees Act 1993 (3) Fair Trading Act 1986 (4) Number of seats available (5) Destinations iii) Suppression Issue 1 [7] As stated, the respondent claims customers are prevented from seeking a refund under the DOCA...

10. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

    ...The issues to be resolved are: a. Was the job carried out with reasonable care and skill and was it fit for purpose? b. If not, is any payment due? Was the job carried out with reasonable care and skill and was it fit for purpose? 5. The Consumer Guarantees Act 1993 (CGA) implies into all consumer contracts a set of minimum standards (guarantees) for goods and services when they are supplied in trade to consumers. The relevant sections regarding guarantees are in s 28 -that a...