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1. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...scope and terms of the alternative access agreement arose. In particular, whether Mr and Mrs VO had “exclusive use” of the alternative access. Mr and Mrs VO issued District Court proceedings around August 2013. Mr and Mrs N lodged a counterclaim in which they alleged Mr VO had refused to abide by his agreement to contribute towards the cost of construction of the main access, and had caused flooding on the N property by placing unconsented fill on the VO property. [10] In Mar...

2. DI & KB v G Ltd [2023] NZDT 375 (14 August 2023) [pdf, 197 KB]

   ...the heat pump, on the basis that a heat pump should have been included as part of the inclusions for the [model 1]. The Applicants make their claim against G Ltd under the Fair Trading Act 1986 (“the FTA”) on the basis that the advertising information that G Ltd provided to them about what was included as part of a [model 1] tiny home build was misleading, and they believed that they would receive a heat pump as part of the build in the First Quote. 4. The claim was heard by telec

3. BN & QN v KE & B Ltd [2021] NZDT 1629 (30 June 2021) [pdf, 234 KB]

   ...Did KE misrepresent the condition of the vehicle by describing it as “a bit of wear and tear but a great ute”? 26. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed, upon which the purchaser relies, and which proves to be wrong. If a misrepresentation is proved, the purchaser is entitled to damages (compensation) even if the misrepresentation was made innocently and not deliberately. 27. The onus

4. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...delay in filing the challenge. The plaintiff states that on 11 March 2008, the date of the determination, he was emailed a copy by his lawyer, Mark Ryan. The email stated “you may want to give me a call and discuss the result”. The plaintiff claims that he was not aware that there was any deadline for filing an appeal and that he believed his lawyer would have told him of his rights and of any deadlines if there were any. He claims that the email did not indicate any urgency i...

5. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...information required. She submitted that LTB Visa application with a business plan for the complainant and her family in August 2011. [6.6] In January 2012, Immigration New Zealand approved the LTB Visa and wrote to the complainant, care of Ms Kim, requesting passports to complete the process for issuing visas. Ms Kim emailed the complainant stating that Immigration New Zealand could not issue the visas until she paid the balance of Ms Kim’s fees. She told the complainant this was a re...

6. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...2018 DECISION OF TRIBUNAL1 [1] In July 2015, Lorna Layton had a work place accident. The insurer in respect of her injury was Aon New Zealand Limited (Aon). Difficulties arose between Ms Layton and Aon. On 19 February 2016, Ms Layton requested Aon to provide her with her personal information. 18 March 2016 was the last working day for providing a decision on this request under the Privacy Act (PA). On 6 March 2016, Aon provided her with a copy of her file. Ms Layton...

7. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...hearing Mr S argued that NB was aware that there were works taking place on the road and had not made a reasonable effort to protect his assets. Mr S pointed out that there were two flyers sent to property owners by Fulton Hogan and Auckland Transport informing them of the work. He also argued that it is common knowledge and NB ought to have been aware that concrete pouring could cause harm, and taken steps to keep his business assets safe. 10. The flyers inform residents that work on...

8. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...BC. 4. The issues I must decide are: a. What terms were agreed? b. Was the contract frustrated? c. Is BC entitled to $581.00 as claimed, or to any other sum? What terms were agreed? 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...

9. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

10. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

    ...and therefore the remedy of cancelling the contract and obtaining a refund is not available to MN. 6. However, there is relief available for a buyer of goods in a private sale when a misrepresentation is made in the process of the contract being formed. In that case, a buyer who has purchased in reliance on that misrepresentation may have a remedy under section 35 of the CCLA. That section provides that when someone has been induced to enter a contract by a misrepresentation, whether...