Search Results

1. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...storage facility, CD and the owner of the moving company who moved EL’s good to his house in [City B]. 25. CD confirms that no one else had access to the storage facility once the items were placed there by IN Ltd. He commented on the lack of protective measures taken by IN Ltd and what he considered a lack of care taken by the operators dealing with EL’s property. 26. SC, owner of DMS, said his company picked up EL’s items on 18 January 2022. He said upon pick up, many item...

2. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 3 (10 January 2025) [pdf, 624 KB]

   ...unsatisfactory conduct? Did Mr McCardle honestly believe he was entitled to an Executor fee? [11] Mr Moon tested Mr McCardle about this in cross-examination. He pointed out that administration of this estate was simple. Mr McCardle’s view that he had protected the estate from a property relationship claim from the widow was fanciful. No claim was ever made even though the widow’s daughter had reserved her mother’s position on the point. On a balanced view of the matter, ti...

3. [2023] NZIACDT 4 – TC v MacLeod (7 February 2023) [pdf, 210 KB]

   ...NZ declined the residence visa on 29 September 2016. It was not satisfied the business was trading profitably, or had the potential to do so by meeting the annual turnover forecasts in the BP within 12 months. An appeal to the Immigration and Protection Tribunal arguing exceptional circumstances was declined on 13 July 2017. [9] Following Immigration NZ’s decline, Mr MacLeod exchanged emails with the visa officer in an endeavour to lower the third year forecast. On 26 October 201...

4. LCRO 183/2021 WB v XD (22 July 2022) [pdf, 202 KB]

   ...which allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [26] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the 10 application for review, there are no additional issues or questions in my mind that...

5. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...the Act allows a Legal Complaints Review Officer (LCRO) to conduct a review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. [48] I record that having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in support of and in opposition to the application for review, there are no additional issues or questions in my mind that necess...

6. AER & AES v ZVD Ltd & ZVC [2013] NZDT 259 (8 August 2013) [pdf, 70 KB]

   ...covered at both addresses. Are AER and AES entitled to compensation and if so how much? [17] The Consumer Guarantees Act 1993 applies to the relationship between AER, AES and ZVC. ZVC is required to carry out his service with reasonable care and skill. [18] I find that the incorrect advice given to AER is a breach of the guarantee as to reasonable care and skill. AER was entitled to rely on ZVC’s advice as being accurate, as he is the person familiar with the product....

7. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...implies minimum standards (guarantees) for goods and services supplied in trade to consumers and provides a scheme of remedies when those guarantees are breached. Section 28 CGA requires services, such as those provided here, be provided with reasonable care and skill; s 29 CGA says services must be fit for any particular purpose advised by the consumer. CI0301_CIV_DCDT_Order Page 2 of 4 7. I make two findings: a. I find EI breached the contract as the plan provided was not prepare...

8. J Ltd v HH & KH [2023] NZDT 665 (28 September 2023) [pdf, 185 KB]

   ...themselves and have only paid $700.00 towards the invoice. 2. J Ltd claims the sum of $1500.00 for the balance of its invoice. 3. The issues to be determined are as follows: a. Was the cleaning fit for purpose and carried out with reasonable care and skill? b. If not, what remedy are HH and KH entitled to under the CGA? Was the cleaning fit for purpose and carried out with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer co...

9. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...of the respondents are liable under the contract? Was the work carried out with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 4 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 of the CGA provides a guarantee that services will be carried out with reasonable care and skill. 6. SU quoted for and carried out repair work on the shower. However, a few months later LN discovered that...

10. LCRO 10/2018 DO v ABC & Body Corporate (30 August 2019) [pdf, 274 KB]

    ...Collins’ commentary on r 10.2 includes that it:15 … reflects the sanctity and protective purpose of the lawyer and client relationship. [58] If it stood alone, that proposition might well need to be tempered with the observation that client protection should not be paternalistic. However, that appears to be recognised by the rule itself, as it permits a direct communication if the third party is agreeable and their lawyer has reasonable advance notice of the intention to commu...