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  1. TO v ZY & M Ltd [2023] NZDT 276 (1 August 2023) [pdf, 201 KB]

    ...activity caused him any loss and homeowners can expect to maintain their driveway without pay. Referee: Hannan DTR Date: 1 August 2023 1 Nuisance is a tort. 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 re...

  2. 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...

  3. KT & SG v D Ltd [2025] NZDT 139 (23 March 2025) [pdf, 196 KB]

    ...up into the oil pick up for engine and blocked it, this causing engine oil pressure to fail and ending with crankshaft damage. 7. SG and KT said [Auto Shop] told them the pellets looked like animal pellets or wood chips/pellets as they were uniformly sized. None of these items have been tested to identify their composition. 8. SG and KT claim $11,368.81 from D Ltd on the basis that the oil pick up was blocked by material introduced into the oil reservoir when D Ltd carried out the oi...

  4. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

    ...his file. However, it was ascertained that on 28 March 2013, presumably initiated 3 by a request from Mr ZI, the Lawyers Complaints Service had sent Mr ZI a copy it had of the file. It is not clear why NZLS had Mr ZI’s file, or why he had requested it at that stage, nor are those issues relevant to the matter under review.1 The issues addressed by the Committee were: (a) Did Mr WS register a Notice of Claim under s 42(1) of the Property (Relationships) Act 1976 on Mr ZI’s...

  5. 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...

  6. 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...

  7. 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...

  8. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

    ...to the extent of rights which vest in the Official Assignee was referred to. b) What was being sought at this stage is a stay to allow the Official Assignee to make necessary decisions under the Insolvency Act. c) If need be, the defendant requested the opportunity to provide submissions on its application to dismiss that part of the fourth amended statement of claim which relates to a claim under s 123(1)(c)(i) of the Act, on the grounds that it is frivolous and vexatious. d...

  9. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

    ...exclusion clause in the Contract? 24. The Contract contained General Conditions of Sale on the back. Above the signatures on the front of the contract, there is a passage which reads: CI0301_CIV_DCDT_Order Page 5 of 9 I certify the above information is true and correct and that I am authorised to sell/buy the Livestock. I have read and understand the GENERAL CONDITIONS OF TRADE (overleaf or attached) of Q Ltd which form a part of, and are intended to be read in conjunction wit...

  10. 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...