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Search results for CGA.

142 items matching your search terms

  1. BL & CM v KB (aka CK) [2024] NZDT 180 (11 April 2024) [PDF, 176 KB]

    Contract law / Consumer Guarantees Act 1993 / Applicant purchased vehicle from Respondent / Vehicle overheated and went limp shortly after purchase / Applicant attempted to contact Respondent but he blocked them online / Applicant sought $9,000 payment refund and to return the vehicle to Respondent / Held: Respondent advertised other vehicles online, therefore CGA applies as he is deemed a supplier in trade to a consumer / Respondent breached CGA by supplying a vehicle not of acceptable quality / Applicant entitled to $9,000 purchase price refund from Respondent / Claim allowed.

  2. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [PDF, 196 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicants planned to travel on one of the Respondent’s ferries / Applicants advised evening before travelling that sailing was cancelled due to a serious incident / Respondent provided full refund of ferry fare / Applicants sought damages of $1,651.81 for costs stemming from cancellation of ferry at short notice / Held: damages can be awarded to cover reasonable foreseeable losses resulting from Respondent’s failure to comply with the CGA / Awarded damages of $144.97 for costs of return flights, $553 for car hire, $82.50 for airport carparking, $45 for uber / Costs of food, pharmacy purchase, and $640 for time spent rearranging travel were too remote and not foreseeable losses / Respondent ordered to pay $1,075.47 / Claim allowed in part.

  3. NS v B Ltd [2024] NZDT 246 (20 March 2024) [PDF, 199 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased laptop from Respondent / Six years later, laptop developed a fault / Applicant had laptop investigated, was told it was no longer under warranty and was advised to buy a new laptop / Applicant sought an order that Respondent was liable to pay him the cost of his new laptop, $3,799.00, and the $99.00 fee he was charged to assess the problem, plus interest / Held: laptop had functioned well for just over 6 years before fault developed / Reasonable consumer would consider six years a reasonable period for laptop to last / No breach of CGA / Claim dismissed.

  4. DN v SC [2024] NZDT 202 (19 March 2024) [PDF, 204 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased pair of shoes / Applicant claimed refund and other compensation on basis that shoes were not of acceptable quality nor properly fitted, in breach of CGA / Held: Applicant was provided with shoes in requested sizes, and made her own determination that the shoes purchased fitted her / Shoe fitting service was provided with reasonable care and skill / Applicant failed to prove shoes were of defective quality / Tort of conversion satisfied but Applicant did not suffer loss as a result / Claim dismissed.

  5. UW v GC Ltd [2024] NZDT 245 (17 March 2024) [PDF, 117 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant purchased a boat from Respondent / Applicant identified a “knocking noise” in the engine and informed Respondent / Respondent replaced engine parts / Applicant claimed engine subsequently failed / Respondent sent boat to an authorised agent for specialised repairs / Applicant threatened legal action / Respondent offered to repair engine as per its right to remedy under the CGA / Applicant collected boat from Respondent before any repairs could be undertaken / Applicant claimed $30,000.00 in damages for the boat repairs and emotional harm / Held: Respondent complied with its obligations under the CGA / Applicant not entitled to compensation for failed repair as they uplifted the boat, making the repair impossible / Applicant failed to prove Respondent damaged boat / Applicant not entitled to compensation for stress and emotional harm of his own making / Claim dismissed.

  6. NX v T Ltd & S Ltd [2024] NZDT 234 (8 March 2024) [PDF, 187 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Applicant bought kitchen tap from First Respondent / Kitchen tap began leaking and Applicant sought First Respondent to replace it / Second Respondent replaced Applicant's tap as provider to First Respondent / Applicant claimed installation cost from Respondents / Held: kitchen tap not fit for purpose due to leaking / Respondents remedied the failure of acceptable quality and fitness for purpose by replacing the tap / Tap installation cost was reasonably foreseeable as liable to result from the failure pursuant to the CGA / Respondents ordered to pay Applicant $120 / Claim allowed.

  7. HI v B Ltd [2024] NZDT 8 (29 February 2024) [PDF, 231 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Fair Trading Act 1986 (FTA) / Applicant booked accommodation with Respondent / Applicant was not satisfied with cleanliness of room / Following discussion with staff member, Applicant left and found alternative accommodation / Applicant claimed refund of $400 booking fee and $45 Tribunal filing fee / Held: Respondent breached CGA / Applicant's photo evidence showed cleanliness of room fell below standard a reasonable consumer would expect from an accommodation provider / FTA breach not considered / Respondent failed to remedy problem within reasonable time / Reasonable for Applicant to leave based on conversation with staff member / Applicant entitled to refund of booking fee but not filing fee / Respondent ordered to pay Applicant $400 / Claim allowed.

  8. HI v D Ltd and FB [2024] NZDT 26 (20 February 2024) [PDF, 233 KB]

    Consumer law / Fair Trading Act 1986 (FTA) / Consumer Guarantees Act 1993 (CGA) / Applicant booked rental car with First Respondent using Second Respondent’s website, paid $18.02 deposit / When collecting car, Applicant was advised by First Respondent of $150 surcharge due to Applicant’s age / Applicant refused to pay surcharge as it had not been advised at time of booking, sought refund of deposit / Refund initially refused, but later paid after claim filed / Applicant sought $90 for Tribunal filing fee and $2500 damages for stress and inconvenience / Held: Second Respondent misled Applicant as to price of rental car, breaching FTA / First Respondent was not responsible for content on website, so had not breached FTA / First Respondent failed to provide customer service with reasonable care and skill, breaching CGA / Immediate loss suffered by Applicant was $18.02, which had been refunded / No further compensation payable / Claim dismissed.

  9. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [PDF, 199 KB]

    Consumer Law / Consumer Guarantees Act 1993 (CGA) / Applicant contracted Respondent to repair blown head cylinder / Respondent provided quote for $3,000.00 / Respondent repaired head cylinder and carried out further repairs / Respondent charged Applicant $8,668.99 for repairs / Applicant claimed for return of $4,999.00 paid for unauthorised repairs / Held: repairs not authorised / Terms of contract were to only repair head cylinder and Respondent carried out further repairs without gaining authorisation from Applicant / Consumer not liable to pay more than reasonable price for service, s 31 CGA / Respondent to pay Applicant $4,643.99, being total amount minus reasonable cost of repair / Claim allowed.

  10. SN v X Ltd [2024 NZDT 93 (23 January 2024) [PDF, 138 KB]

    Insurance contract / Consumer Guarantees Act 1993 (CGA) / Applicant cancelled insurance policy with Respondent / Applicant claimed he had been treated poorly by Respondent and that Applicant was provided with incorrect refund amounts / Applicant claimed $30,000 refund and for distress and harassment / Held: insurance was for a commercial vehicle insurance which is a product for a consumer in trade / CGA did not apply / Commercial vehicle insurance not a contract to provide peace of mind or prevent distress / Applicant not entitled to damages for distress and harassment / No evidence that Respondent harassed Applicant / Respondent simply made mistakes / Claim dismissed.

  11. MS v D Ltd [2023] NZDT 763 (18 December 2023) [PDF, 176 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased vehicle from Respondent for $19,000.00, of which $1,500.00 plus $1,1000 for warranty was still owing / Vehicle was defective / Respondent took vehicle back for repair and offered Applicant a courtesy vehicle, which she declined as she would have to collect it from another city / Five months later Respondent supplied Applicant with replacement vehicle / Applicant claimed $5000.00 for lost income during period without vehicle, as she was unable to get to work, and balance of contract price waived / Held: Respondent seriously failed to meet obligations under the CGA within reasonable time / It was unreasonable for Applicant to choose not to work for five months rather than to collect courtesy vehicle / Applicant had duty to mitigate loss / Respondent ordered to pay applicant $2,400.00, being $5000.00 less the outstanding amounts due under contract / Claim allowed in part.

  12. DQ v IC [2023] NZDT 710 (17 December 2023) [PDF, 207 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased puppy from Respondent for $5000.00 / Purchase agreement included list of conditions for which health guarantee was not provided / Six months after purchase, puppy started to display abnormal movements, confirmed by vet to be severe dysplasia / Applicant claimed full refund, but wanted to keep puppy as strong family bond had formed / Held: evidence insufficient to show puppy was not of acceptable quality / Hip dysplasia was a well-known issue with this breed / “Loose hips” was included in list of common conditions for which health guarantee was not provided in the agreement / No breach of CGA found / Claim dismissed.

  13. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [PDF, 200 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Contract and Commercial Law Act 2017 / Applicant purchased a second hand bus from Respondent / Applicant intended to convert bus into a house bus / Applicant encountered multiple defects and paid $7099.53 for repairs and $514 for camp ground expenses/ Applicant claimed for repayment of expenses / Held: Applicant did not purchase bus as consumer and not entitled to protection under the CGA / No warranties relating to quality or fitness for purpose implied in contract of sale / Claim dismissed.

  14. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [PDF, 207 KB]

    Contract / Contact and Commercial Law Act 2017 / Consumer Guarantees Act 1993 (CGA) / Applicant purchased truck from Respondent for commercial use / Truck had problems with gearbox / Applicant took truck to mechanic / Truck was uneconomic to repair / Applicant claims $29,270.00 / Held: No misleading or deceptive conduct from Respondent / Clause contracting out of CGA, limitation and exclusion clauses apply / Truck was not of merchantable quality / Remedy available / Claimed allowed / Respondent to pay Applicant $19,990.00.

  15. U Ltd v DI & SI [2023] NZDT 576 (20 November 2023) [PDF, 108 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Respondents engaged Applicant for tiling work / No prior quote was supplied to or sought by Respondents / Applicant invoiced Respondents $2,471.35 for work / Respondents disputed price, Applicant reduced invoice to $2,050.45, crediting for unused tiles / Respondents still disputed invoice, paid $1,150 which they believed was fair price / Applicant claimed $900.45 for balance of outstanding invoice / Held: Applicant’s charge was reasonable, in line with requirements of CGA / Respondents ordered to pay Applicant $900.45 / Claim allowed.

  16. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [PDF, 227 KB]

    Consumer law / Consumer Guarantees Act 1993 (CGA) / Fair Trading Act 1986 (FTA) / Applicant engaged Respondents’ plumbing services for renovation / Parties agreed work would be overseen by LPB plumber / During renovation, bathroom failed two council inspections, was flooded due to incorrect pipe connections, and there were issues with trench / Respondent’s LPB supervisor was only notified of job after issues arose, advised Applicant not to allow Respondents back on site / Applicant claimed $10,800 for remedial costs and reduction in value / Held: Respondents did not provide services with reasonable care and skill / Respondents’ failure to put LPB supervision in place, after saying they would, was substantial failure under CGA, and misleading conduct / Applicant entitled to remedial costs offset by additional contract costs / Respondents ordered to pay Applicant $5850 / Claim allowed.    

  17. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [PDF, 231 KB]

    Contract / Misrepresentation / Consumer Guarantees Act 1993 (CGA) / Contract and Commercial Law Act 2017 / Contract and Commercial Law Act 2017 / Applicant bought vehicle from Respondent / Vehicle had various faults / Applicant claimed $4,740.37 / Held: Applicant cannot rely on CGA to seek remedy against Respondent / Misrepresentation not made by First Respondent that induced Applicant to enter into contract / No contract between Applicant and Second Respondent / Claim dismissed.

  18. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [PDF, 202 KB]

    Contract / Misrepresentation / Consumer Guarantees Act 1993 (CGA) / Contract and Commercial Law Act 2017 / Applicant purchased racing engine from Respondent for $25,000 / Applicant later discovered engine had serious technical issues / Applicant claimed $30,000, being refund plus costs associated with testing engine / Held: engine sold in private sale, not through Respondent’s company / As engine not sold in trade, CGA did not apply / Applicant failed to prove Respondent misrepresented condition of engine, inducing Applicant to enter agreement / Claim dismissed.

  19. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [PDF, 230 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Respondent undertook gas fitting and plumbing work at Applicant's premises / Applicant alleged work done by Respondent not done with reasonable care and skill and resulting in products not fit for purpose / Applicant alleged Respondent breached terms of contract causing its loss / Applicant claimed $1,999 / Held: Applicant not a consumer under the CGA / CGA does not apply / Applicant failed to prove it is more likely than not that the Respondent failed to provide services in a reasonable and tradesperson-like manner / Lack of evidence from Applicant / Claim dismissed.

  20. CI v MT [2023] NZDT 514 (25 October 2023) [PDF, 211 KB]

    Contract / Consumer Guarantees Act 1993 / Respondent requested applicant’s services regarding renovation of her home / Fixed price for work not set / House design work included design and drafting plans, writing specifications, arranging Council files, site measure, engaging an architect and meeting with applicant / Applicant seeks payment / Outcome: respondent liable to pay invoices and council fees / Not proved that applicant breached CGA / Outcome: claim allowed, respondent to pay applicant $10,795.02 by 10 November 2023

  21. ND v LB Ltd [2023] NZDT 458 (15 August 2023) [PDF, 188 KB]

    Consumer law / Consumer Guarantees Act 1993 / Applicant engaged Respondent to supply and fit shade cloth / Earlier Tribunal decision ordered Applicant to pay Respondent unpaid invoice / Decision also found shade cloth not of acceptable quality / Respondent agreed to remediate shade cloth at own expense once it received payment / Applicant did not make payment by ordered date, eventually did so after Respondent engaged debt collector / Respondent did not remediate shade cloth / Applicant claimed $2000 / Held: Applicant’s failure to pay on time did not nullify Respondent’s obligations under CGA / Not equitable for Respondent to retain all monies paid to it / Applicant ordered to return shade cloth to Respondent, Respondent ordered to pay Applicant $2000 / Claim allowed.

  22. OX v B Ltd [2023] NZHC 292 (28 July 2023) [PDF, 240 KB]

    Contract / Consumer Guarantees Act 1993 (CGA) / Applicant bought B Ltd’s earbuds / Applicant noticed that right earbud kept dying after short use and was not charging correctly / Applicant claimed refund of purchase price / Held: CGA states that products should be safe, of acceptable quality and free of defects / Applicant’s earbuds have not lasted a reasonable period / Applicant entitled to refund of purchase price / Claim allowed / Respondent to pay Applicant $334.99.

  23. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [PDF, 182 KB]

    Contract / Consumer Law / Consumer Guarantees Act 1993 (CGA) / Fair Trading Act 1986 (FTA) / Contract and Commercial Law Act 2017 / Respondents engaged Applicant’s architectural services / Applicant worked on project for around 15 months before Respondents cancelled contract / Applicant claimed $17,934.54 for unpaid invoices / Respondents counter-claimed $24,263.71 refund of invoices paid / Held: agreement was that Applicant would charge no more than $28,750 plus 20% for core services, additional services to be charged at hourly rate with approval / Applicant breached contract by not completing agreed work within agreed price / Applicant also breached CGA by not providing services with reasonable care and skill / Applicant did not deliberately underquote, was not in breach of FTA / Applicant’s work still of some value to Respondents, Respondents not entitled to full refund / Applicant ordered to pay Respondents $5,863.31 / Claim dismissed, counterclaim allowed in part.  

  24. KI & GI v Q Ltd [2023] NZDT 152 (3 July 2023) [PDF, 226 KB]

    Consumers Guarantees Act 1993 (CGA) / First Applicant bought CV joints from Respondent to install in a vehicle owned by Second Applicant / Respondent stated that Applicant could use the CV joints for Applicants motor vehicle / Second Applicant took motor vehicle to a mechanic who stated that CV joints were an incorrect fit for the motor vehicle / First Applicant claimed $1999.00 for the cost of the mechanics invoice / Held: CV joints were not reasonably fit for purpose / Respondent did not carry out services with reasonable care and skill / Applicants awarded partial refund / Respondent ordered to pay $678.13, Claim allowed.

  25. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [PDF, 196 KB]

    Consumers Guarantees Act 1993 (CGA) / Applicant parked his car in Respondent’s yard / Car was moved to different boarded by tall pine trees / Natural disaster occurred causing a tree to fall on the windscreen of Applicant’s car / Signs at yard stated owners of vehicles would park at their own risk of damage and theft / Applicant states Respondent is liable for its damage / Applicant claimed damages of $3,731.23 / Held: Respondent provided services with reasonable care and skill / Signs indicated that cars parked in yard were at owner’s risk / Extreme weather event caused damage of car independent of human control / Claim dismissed.

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