Search Results

1. XX v ND [2024] NZDT 749 (16 November 2024) [pdf, 100 KB]

   ...paid the amount owing on the car in full, and was he entitled to sell it? c. Is XX entitled to $850.00 as claimed, or to any other sum? What car repayments have been made by ND to XX? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...

2. IU & TM v YZ [2022] NZDT 175 (21 September 2022) [pdf, 109 KB]

   ...of any negligence or damage to property on the part of the respondent. I therefore need to assess whether there is an agreement between the parties. CI0301_CIV_DCDT_Order Page 2 of 3 7. The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. The law of contract recognises and enforces verbal contracts, where the...

3. FH QK v WI Incorporated [2022] NZDT 192 (20 October 2022) [pdf, 237 KB]

   ...successful, which is the case here. For these reasons I find that QK is to pay WI Incorporated the cost of repairing the door he damaged being $645.64. Referee: N Gold Date: 27 October 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

4. BX v F Ltd [2024] NZDT 12 (21 February 2024) [pdf, 131 KB]

   ...filing fee, in certain limited circumstances, none of which apply in this case. For this reason, I do not find that the applicant can claim this fee. Referee: K. Armstrong Date: 21 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

5. JD v Accident Compensation Corporation (Mental Injury) [2023] NZACC 87 [pdf, 266 KB]

   ...31 October 2018, and referred to the injuries in the accident of 30 March 2018. The medical certificate advised: Complex case overlapping with sensitive claim issues – both contributing to inability to work at the present time. Case Manager requesting ARC18 certificate for concussion to compliment those issued for S. claim as both conditions are playing a part. [25] On 11 October 2018, the Corporation wrote to the appellant advising that it would investigate an entitlement to...

6. DeMarco v Accident Compensation Corporation (Independence Allowance) [2024] NZACC 189 (25 November 2024) [pdf, 339 KB]

   ...accident. The letter enclosed three medical certificates and required her to take these to her GP to discuss which injuries required assessment. (e) On 10 September 2005, Ms DeMarco wrote to the Corporation advising Dr Hudson had completed two ACC554 forms and one ACC054 form forwarded on 17 January 2005. Ms De Marco confirmed her application related to her 25 March 2002 elbow injury (not referred to by Dr Hudson) and C5/6 disc injury suffered on 8 March 2004. Ms DeMarco indicated...

7. ID v KT [2021] NZDT 1666 (20 October 2021) [pdf, 187 KB]

   ...the relationship. This means she did not have the intention to gift the car to KT and there was not a valid gift. Was there a valid contract for the transfer of the car? 11. A contract is a legal agreement between two parties. A contract is formed when there is an agreement between the parties, the terms are certain, there is an intention to create a legal relationship and there is consideration. In this case, any contract would be on the basis that ID would give KT the car in r...

8. L Ltd v N Ltd [2022] NZDT 247 (30 November 2022) [pdf, 236 KB]

   ...hearing took place by phone on 9 November 2022. [L Ltd.’s representative] represented L Ltd. [N Ltd.’s representative] represented N LTD. Findings 15. The relevant law is the law of contract. 16. The issues are: a) Was a contract formed? b) If so, is N Ltd in breach? c) If so, what damages is L Ltd entitled to? Was a contract formed? 17. Formation of a binding contract requires: a) Agreement between the parties on terms that are complete and certain...

9. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...PART ONE INTRODUCTION [1] Legislative changes [2] Open and closed documents and open and closed hearings [4] The remedy sought by Mr Beattie [9] BRIEF OVERVIEW OF RELEVANT FACTS [13] Insolvent gifts and transactions [15] THE TWO INFORMATION REQUESTS [33] The first IPP 6 request [34] The second IPP 6 request [37] Access to information and the litigation context [43] Repeat requests [52] WHETHER THE INFORMATION REQUESTED BY MR BEATTIE WAS MADE AVAILABLE [55] The online documents...

10. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

    ...were provisional sums, meaning that the total contract price cannot be looked at (even with a margin added) and compared to what had been paid when work stopped. That approach would have been made even more difficult by the fact that there is no information/evidence on what percentage of work was complete when the dispute brought the contract to a premature end. Although TO’s Mr B has argued that the contract price should be looked at as a whole and not broken down on a per-item basis...