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  2. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [PDF, 76 KB]

    Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 decision on remedial scope TRI 2010-100-000112/DBH 6291. Decision date 24 August 2012. See also the Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 final determination, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 decision on quantum, the High Court Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 appeal decision CIV-2012-404-1123, Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 47 costs decision, and Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 49 amended costs decision.
  14. ABJ Ltd & ABK v ZYT Ltd [2012] NZDT 66 (21 August 2012) [PDF, 81 KB]

    Contract / lack of consideration / Director of Respondent offered to provide free accounting services to Applicants for two years during sale negotiations of a gym business / offer was confirmed in email after which Applicants arranged to transfer files from previous accountant / dispute arose over retention of an amount of purchase price from sale / Respondent advised Second Applicant that agreement to provide accounting services was cancelled / Applicants claimed two years’ accounting fees / Tribunal finds that there was agreement between parties to provide accounting services free for two years / this was not part of the Sale and Purchase Agreement / this was not legally binding as there was no consideration thus not enforceable / Applicants not contractually entitled to any compensation / offer was in the nature of a gratuitous offer / claim dismissed.
  19. AAC v ZZX [2012] NZDT 33 (17 August 2012) [PDF, 64 KB]

    Tort / Dog Control Act 1996 / Applicant’s dog was being walked without leash and was attacked by the Respondent’s dog / Respondent was charged under s 57(2) of the Dog Control Act, discharged without conviction and ordered to pay reparations of $1,500 / Applicant sought further $2,500 for the cost of further treatment to dog / owner of dog liable in damages for damage done by the dog without it being necessary to prove the dog had a tendency to bite, or that damage due to negligence of owner: s 63, DCA / defence under s 63 if the damage was also caused by the person claiming / Contributory Negligence Act 1947 also applicable / s 11(3) of Disputes Tribunals Act provides that no claim in respect of any damage or injury to any property where an offender has been sentenced under s 32 of the Sentencing Act 2002; however this does not apply in a claim to recover damages in excess of the amount ordered under that Act / held that the reparations under the Sentencing Act 2002 did not discharge …