New Zealand Case Law: Decisions & Judgments

Topic

Acceptable quality

Legal area

Court

29 Jun 2021

MONSBOURGH v KLC LIMITED [2021] NZHC 1553

Citation

[2021] NZHC 1553
Court

High Court

The High Court held that the KLC weatherboards were inherently susceptible to rapid weather damage but would meet acceptable quality only if protected by the manufacturer's specified coating and compliance with applicable painting/building standards; the homeowners' failure to follow those specifications and standards made their use unreasonable and prima facie defeated the CGA claim, but unresolved factual issues (whether the manufacturer sticker/specification was present and whether KLC failed to investigate when notified) required remittal for further determination.
5 Nov 2018

CAPITAL & COAST DISTRICT HEALTH BOARD v BECA CARTER HOLLINGS & FERNER LTD [2018] NZHC 2862

Citation

[2018] NZHC 2862
Court

High Court

The Court found Capital & Coast's pleaded factual allegations disclosed a tenable cause of action against Mico under the Consumer Guarantees Act such that Mico's presence was necessary to adjudicate the issues; potential limitation defences and disputed questions whether the plaintiff is a consumer or whether the pipes are goods are matters for trial, not for defeat of joinder. Accordingly joinder was granted but not backdated.
16 Dec 2011

KLOET AND KLOET V BLAIR & CO LIMITED HC INV CIV 2011-425-000230

Citation

openlaw-90e99492_d3f0_48ee_aff8_baa7429c6776.pdf
Court

High Court

The appeal is dismissed: the District Court did not err in refusing increased costs because the grant of increased costs is discretionary and the Judge's assessment was within principle and not manifestly wrong; the Consumer Guarantees Act claim against the second respondent was rightly dismissed because the second respondent supplied the specific goods ordered and, on the evidence and probabilities, the Warmington fireplaces were of acceptable quality and fit for their purpose; the net judgment of $2,784 in favour of the second respondent was properly entered and the request to have the firs…

New Zealand Case Law

MONSBOURGH v KLC LIMITED [2021] NZHC 1553

CAPITAL & COAST DISTRICT HEALTH BOARD v BECA CARTER HOLLINGS & FERNER LTD [2018] NZHC 2862

KLOET AND KLOET V BLAIR & CO LIMITED HC INV CIV 2011-425-000230