15 Dec 2023
BODY CORPORATE NUMBER DPS 91535 v 3A COMPOSITES GMBH [2023] NZCA 647
- Citation
- [2023] NZCA 647
- Court
- Court of Appeal
The Court held that while the Consumer Guarantees Act can apply to overseas manufacturers of goods supplied in New Zealand, on the facts it was not seriously arguable that Alucobond panels affixed to the appellants' buildings were "goods" or that the appellants were "consumers" under the CGA, so the CGA cause failed; by contrast the appellants established, narrowly, that there is a serious issue to be tried under the Fair Trading Act because 3AC produced marketing and other materials accessible in New Zealand capable of creating misleading market impressions about Alucobond's suitability and…