Search Results

1. KT v QN [2022] NZDT 106 (8 September 2022) [pdf, 106 KB]

   ...to him. This is a breach of contract on QN’s part and damages arising from the breach have been claimed by KT. CI0301_CIV_DCDT_Order Page 2 of 3 5. KT is entitled to be put in the position he would have been had the contract been performed by QN. KT has provided evidence proving that to purchase a similar vehicle and the parts, he would have to import parts and pay over $90,000.00 all up. He provided a registered valuation of the same vehicle showing a valuation of $50...

2. EV & XV v DT & KT [2024] NZDT 723 (13 September 2024) [pdf, 115 KB]

   ...served and there is no evidence to support the notice not being served prior to the commencement of work, then I do not need to consider this issue. Referee: Nigel Wolland Date: 13 September 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 r...

3. Q Ltd v KZ [2024] NZDT 297 (22 April 2024) [pdf, 91 KB]

   ...value of the boundary fence. KZ voluntarily made a contribution to the cost of the fence. Accordingly, the counterclaim must also be dismissed. Referee: L. Mueller Date: 22 April 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 rehe...

4. GE v T Ltd [2023] NZDT 442 (23 August 2023) [pdf, 190 KB]

   ...himself were also not reasonably foreseeable and are therefore not the type of loss that would be compensated under section 18(4). The claim is therefore dismissed. Referee Perfect Date: 23 August 2023 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. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

   ...4 9. At the end of the auction, and before payment was made, UC was handed an Invoice which listed all the items she had purchased, with individual prices, and showing the total to be paid of $868.83. 10. In this case the auctioneer has performed its part of the contract. The issue is whether the auctioneer has agreed to release UC from her obligation to pay the full price, or whether there has been a discharge by way of accord and satisfaction. 11. I find that the auctioneer h...

6. Puriri v The Church of Jesus Christ of Latter-Day Saints Trust Board [2025] NZHRRT 43 [pdf, 261 KB]

   ...evidence was that he had not applied for any loan. Hence the Kiwibank email is not evidence he was being refused bank finance on the basis of the covenants. [57] Mr Coward says that during his time as Project Director he was not aware of any request for an exemption to the Owner-Occupier covenant (and all such requests would have come to him). We accept his evidence that he is not aware this (or any other covenant) was an obstacle to obtaining finance. [58] For these reasons...

7. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 KB]

   ...visit meeting that he would also be signing the Joint Expert Report. Apparently other experts at the meeting objected to this because they did not consider that KQ met the requirements to hold himself out as an ‘expert’ because he did not have a formal building professional qualification. 27. I dismiss BN’s claim in this regard. 28. It is not in dispute that neither BN or Mr C directly told VT that only CD was to sign the Joint Expert Report. There was some dispute whether BN...

8. Harland v ACC [2010] NZACA 9 [pdf, 79 KB]

   ...Operations Support for this request. Your father withdrew the appeal which was primarily dealing with whether you had entitlement under section 80(3) of the Act in force when you were born. 5 The subsequent application made by your father requested assistance for your care needs under section 80 as he indicated that you did not need constant personal attention (that is 24 hour care) related to your injuries. The request made was considered under section 80(2)(b) which I att...

9. WHT- Mediation for standard claims [pdf, 213 KB]

   WEATHERTIGHT SERVICES INFORMATION SHEET Mediation for standard claims - February 2014– Page 1 Mediation for standard claims under the Weathertight Homes Resolution Services Act 2006 INTRODUCTION This information sheet provides information for parties about the mediation opportunity provided within the adjudication process at the Weathertight Homes Tribunal (the Tribunal). In this circumstance, mediation can only be undertaken with the consent of the Tribunal. Separate information is

10. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

    ...govt’s Ministry of “Health”. [13.2] On 28 October 2015 Mr Fehling wrote once more to the Investigating Officer. The opening paragraph again emphasised the complaint made by Mr Fehling was against the Ministry of Health: Following are the requested s 66(b) privacy-interference conditions in more detail to the original complaint that contained a list of privacy-principle breaches by the Ministry of Health … [13.3] The subject line and content of a reply dated 18 November 201...