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1. TT & WK v MF [2022] NZDT 275 (7 November 2022) [pdf, 158 KB]

   ...MF, who it appears always acted with integrity and on the basis of information he had been told by others and believed to be true. 4. DI is likely to be one of the executors of MF’s estate with her siblings. An application for probate has been filed but has not yet been granted. The claim proceeded against MF’s estate. As noted below my order is subject to probate being grated on the estate because no payments can be made from the estate until this happens. Did MF misrepresent t...

2. Paul-Palmer v Tohu - Te Horo 3 No 1-131 (2023) 262 Taitokerau MB 184 (262 TTK 184) [pdf, 226 KB]

   ...Judgment date 28 July 2023 TE WHAKATAUNGA Ā KAIWHAKAWĀ T K T A R WILLIAMS Judgment of T K T A R Williams 262 Taitokerau MB 185 Hei tīmatanga kōrero Introduction [1] An application has been filed by Matehaere Paul-Palmer on behalf of the Paora (Paul) Whānau Trust seeking an urgent injunction order prohibiting dealings with the land known as Te Horo 3 No 1-31 block (“the land”). [2] The land is owned and administered by...

3. NO v ST [2023] NZDT 80 (6 July 2023) [pdf, 262 KB]

   ...soap and toothpaste residue in the sink and that the cleaner had only used a glass cleaning cloth, which could not cause scratches. 13. The Respondent’s responses have become increasingly threatening, irrational and vitriolic. The Respondent filed a late counterclaim against the Applicant for $10,000.00 for unspecified damages. 14. The Applicant made an insurance claim with her insurer, [The Applicant’s insurer]. [The Applicant’s insurer] assessor investigated and determined...

4. KB v OS [2022] NZDT 287 (28 March 2023) [pdf, 213 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

5. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you ha...

6. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...up from L Ltd’s store. The customer whose card was used notified their bank who notified B Ltd that the card had been used fraudulently and B Ltd reversed the transaction, taking the cost of the transaction ($691.29) from L Ltd’s account. L Ltd filed a claim in the Disputes Tribunal for the return of the money. 2. This is a claim for the return of $691.29 from B Ltd, the bank providing credit card payment services to L Ltd, which claims B Ltd took the money wrongly. 3. The issu...

7. [2024] NZREADT 30 - Bhatt v Registrar of the REAA (9 September 2024) [pdf, 213 KB]

   ...(Member) F Mathieson (Member) Representation: The Applicant: Self-represented The Respondent: J Hunt, counsel DECISION Dated 09 September 2024 2 INTRODUCTION [1] Nikhil Bhatt (the Applicant) has filed an application for review under s 112 of the Real Estate Agents Act 2008 (the Act) against the determination of the Registrar of the Real Estate Agents Authority (the Registrar) on 7 May 2024 to cancel his licence. It was cancelled und...

8. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

   ...with the transmission still persisted. SN sought advice elsewhere, from XB Ltd, who carried out work which brought the problem to an end. SN refused to pay the outstanding two invoices from UQ Ltd, for the ABS Module and for the coolant pipe. She filed a claim in the Disputes Tribunal. 3. This is a claim for a refund of an invoice (4368) for work done replacing a gearbox on SN’s car for $2,271.25, and for an order that SN is not required to pay for two further invoices (4369 and 4...

9. BD v H Ltd [2024] NZDT 350 (7 March 2024) [pdf, 187 KB]

   ...immediately. Reasons 1. The applicant is disputing his liability to pay invoices he received from the respondent for certain work undertaken, and the respondent has filed a counterclaim for $29,123.09, being the total of two outstanding invoices ($28,701.90 and $421.19). Background 2. The applicant contracted the respondent to fix a seriously dysfunctional septic tank system at his home that he h...

10. TD & LP v KK & F Ltd [2024] NZDT 688 (10 September 2024) [pdf, 131 KB]

    ...due date under the contract had been completely ignored. Payments had been made prior to the due date and continued after it. From the evidence before me it appears that most of the money owing under the contract had been paid before the claim was filed in the Tribunal and so given there was no need to make an order for payment of the principal, I do not consider it appropriate to make an order for interest. 16. TD said that F Ltd needed to be held to account. He said that money from...