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1. NG & OG v JS [2024] NZDT 33 (18 January 2024) [pdf, 151 KB]

   ...repairs ($500.00). 5. I heard the claim by teleconference on 15 January 2024. All parties attended. Onus of Proof 6. As I explained at the hearing, an applicant bringing a claim in the Tribunal has the onus of proving their claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). It is up to an applicant to provide the evidence necessary to prove their claim to the required standard. If an applicant fails to do that, t...

2. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

   ...$30,000.00 as claimed, CI0301_CIV_DCDT_Order Page 2 of 5 or to any other sum? Onus of Proof 6. 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 th...

3. Y Ltd v DT & KG [2024] NZDT 886 (17 December 2024) [pdf, 242 KB]

   ...declined to attend the November hearing, but other parties were present or represented. Onus of Proof 6. 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 b...

4. XT & TT v BE & LE [2024] NZDT 866 [pdf, 294 KB]

   ...contribute to the loss? e) Are XT and TT entitled to all or any of the sum claimed? 7. As the applicants, it is for XT and TT to prove their claim. That requires applicants to prove on the balance of probabilities, being the onus of proof in civil matters such as this, that the facts are more likely to have occurred as they contend. Did the parties reach an agreement on the amount BE would pay? 8. A legally binding contract is formed where both parties intend to contract on agr...

5. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

6. WU v QD [2021] NZDT 1613 (27 July 2021) [pdf, 270 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

7. TX v OI [2021] NZDT 1351 (19 April 2021) [pdf, 211 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

8. Lt and QT v OT Ltd [2021] NZDT 1430 (16 March 2021) [pdf, 213 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

9. HB Ltd v NH & KX [2017] NZDT 1452 (11 April 2017) [pdf, 194 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

10. LC v DH Ltd & QH Ltd [2021] NZDT 1667 (11 October 2021) [pdf, 115 KB]

    ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...