Search Results

1. BC v J Ltd & M Insurance [2023] NZDT 513 (30 September 2023) [pdf, 182 KB]

   ...boat ramp falls within this exclusion and therefore is not covered under the policy. Onus of Proof 4. When an applicant brings a claim in the Tribunal, they have the onus of proving their claim on the balance of probabilities. This is the civil law standard of proof, requiring them to show the events or circumstances they claim are “more likely than not” to have occurred. When I assess whether that standard is met, I consider and evaluate the evidence presented to me by the pa...

2. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...says that on Thursday, 4 May 2023 there was a public announcement of a major rain event about to hit the [town 3]/[town 1] region. TD says that, on 5 May 2023, the Police asked people in the region to stay off the roads and advised against travel. A civil defence travel warning was issued, and people were advised not to travel. On 6 May 2023, the day TD and his family were due to travel to [town 2], the state highway was closed between [town 4] and [town 5] and there was a public warning n...

3. CI v KH Ltd [2024] NZDT 486 (18 June 2024) [pdf, 198 KB]

   ...have had to pay an additional charge to have any new issue repaired. 10. I am unable to find that any one of the reasons in the previous paragraph is any more likely than another, and so CI has not met the standard of proof that he needs (the civil standard of proof, which is ‘on the balance of probabilities’) to in order to be successful with his claim that the May repair was not the ‘right’ repair. In making this finding I have had regard to the written evidence of T Ltd. T...

4. ST v L Ltd [2025] NZDT 149 (4 May 2025) [pdf, 197 KB]

   ...that there is a guarantee that services will be carried out with reasonable care and skill. 3. The burden is on ST, as the applicant, to show that the services provided by L Ltd were not carried out with reasonable care and skill. This is the civil law standard of proof, requiring ST to show the events or circumstances he claims are “more likely than not” to have occurred. The issues are: 4. Has there been a breach of the Consumer Guarantees Act 1993 (CGA). a. Were the serv...

5. DI v K Ltd [2025] NZDT 203 (7 April 2025) [pdf, 213 KB]

   ...proof of the installation cost paid. LI paid the plumber cash under the table to install it. 3. DI brought a claim in the Tribunal seeking reimbursement of the sum of $100.00 representing the cost paid to install the new handbasin. 4. In a civil claim, an applicant to a claim bears the burden of proof on the balance of probabilities (that is, that it is more likely than not). When assessing whether the onus of proof has been discharged by an applicant, I need to consider and e...

6. Electronic File and Pay now available in courts

   Lawyers and court participants are now able to file documents and pay associated filing fees online for the Court of Appeal and the High Court. The File and Pay service was introduced on 28 October 2020 and can be accessed through the Courts of New Zealand website. The File and Pay service is a simple online form that allows lawyers and court participants to upload documents and pay associated filing fees using a credit or debit card. Those using the service will be sent a GST receipt to the ema...

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7. EN v B Ltd [2022] NZDT 286 (17 March 2022) [pdf, 192 KB]

   ...[Country 1] and he has suffered additional cost as a result. CI0301_CIV_DCDT_Order Page 3 of 4 13. EN is entitled to compensation for loss or damage resulting from the failure by B Ltd (s 32(c) CGA). 14. Under the provisions of the Civil Aviation Act (CAA), B Ltd is not liable for damage caused by delay unless the carrier proves the delay was as a result of meteorological conditions, instructions from Air Traffic Control, following lawful instructions, force majeure, or f...

8. QN v HO B Ltd [2023] NZDT 236 (22 May 2023) [pdf, 227 KB]

   ...should HO pay the cost of putting right the damage and, if so, how much should be pay to QN/B Ltd? Did HO owe a duty to QN to take reasonable care not to damage the Fence? 8. The relevant law is the law of negligence in tort (a tort being a civil wrong). For a claim in negligence to succeed, the wrong-doer must have owed a legal duty to take care to the person who suffered damage; the wrong-doer must have breached that duty of care (ie been negligent); the damage suffered must have...

9. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [pdf, 272 KB]

   ...complainant had specifically asked her on 9 January 2017 whether he needed to invest, drawing the issue again to her attention. [21] The Registrar submits that Ms Li should be: (1) censured; (2) ordered to refund $700 to the complainant, being the IPT fee; (3) ordered to pay the Registrar a penalty in the range of $2,000–$3,000; and (4) ordered to pay reasonable compensation to the complainant. Submissions from the complainant [22] The complainant seeks $182,057.60, itemised...

10. Staite v Greenville - Paeroa East 4B2C2 (2002) 267 Rotorua MB 80 (267 ROT 80) [pdf, 242 KB]

    ...pursued. Some of the defence stances were ill conceived, time consuming and unfocused. I note there is no dispute as to the amount charged on Solicitor client costs or the disbursements, which are as follows: Minute Book: 267 ROT 83 (a) Legal fees $ 8,983.12 (b) Disbursements (Expert Witness) $ 1,162.13 (c) Office expenses $ 336.22 (d) Search fees $ 18.00 (e) Filing fees $ 122.00 (c) Process server $ 73.12 TOTAL $10,694.59 Counsel for the Applicant advised that he had di...