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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 502 APPLICANT NP RESPONDENT B Ltd The Tribunal orders: The claim is dismissed. Reasons 1. NP had a collision in her car, a [vehicle], in December 2023. NP had insured her car with B Ltd, who arranged for the repairs to be done. NP was due to collect her car after it had been repaired on 17 January 2024, but B Ltd advised her the rep...
...during the hearing that clauses 10.1 and 10.5 in relation to the damage waiver were contradictory, and accordingly that ZWN should not be required to pay the excess in relation to the damage to the truck. Further, ADN argued that ZWN was not informed at the time of hire that the damage waiver did not include any third party cover; that the terms of the contract are confusing and misleading; that ZWN was not told to read the contract while at the counter; that other hire companies expl...
...he was unable to provide any evidence he had paid any account TH or what the accounts were. 14. From the evidence provided, I find that TH did not engage the services of KX and there was no agreement she would reimburse him for the work he performed. Indeed, it was not KX’s position that TH had engaged his services as a builder. I have therefore considered whether TH has been unjustly enriched at KX’s expense as she has benefited from KX’s expertise for the upgrading of her...
...relapse of her condition and received payments from November 2011 to April 2014 (of $14,164 to $14,816 per month). [9] A condition of the policy, to enable continuation of the payments to Ms Fendall, required her to submit monthly declaration forms, in which she was required to disclose whether she had undertaken any work activities and/or received any income during the period since the previous claim payment. She was also required to declare that her statements were “… true...
...whether they talked about relationship property issues, including clause 4 of the RPA which concerns the “interming[ling]” of separate property “with any share the property”, and estate protection. [94] As noted earlier, Ms DH says when requested by her, the firm was unable to produce any file notes made by Mr MB recording Mrs RS’s instructions, and his advice to Mrs RS. (b) Mrs RS’s statutory declaration, May 2015 (i) Parties’ positions [95] Ms DH similarly c...
...Richards and A Kirk, counsel for the defendant Judgment: 17 November 2017 JUDGMENT OF JUDGE B A CORKILL What are the problems? [1] This judgment resolves complex issues of disclosure, as raised by Mr Joseph Yu against his former employer, Zespri International Ltd (Zespri). [2] Four main issues are raised for Mr Yu. These are: a) whether certain documents are subject to solicitor-client privilege; b) whether certain documents are subject to litigation privi...
...related to services being carried out within a reasonable time and at a reasonable price apply to the contract? 23. This claim concerns a contract for the supply of services. The general law of contract applies. 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. What was agreed is looked at objectively, i.e. by looking at what...
...buyer beware’), and there is generally no warranty regarding the quality of the goods or their fitness for purpose. This means that, during contractual negotiations, a seller is generally under no obligation to ensure that the other party is fully informed about the transaction, and the seller need not disclose all material facts/defects about the item being sold. Further, the protections given to purchasers by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 who purchase f...
...Dunedin/Ōtepoti Appearances: The Appellant is self-represented J Cole for the Respondent Judgment: 31 July 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE [Claim for cover ss 20,25,26 Accident Compensation Act 2001] ___________________________________________________________________________ [1] The appellant, William Randle (also called Stan Randle) retired school teacher, claims cover for a l...
...someone else’s land or causing something else to go onto the land, but rather direct damage. 5. The relevant law is the law of negligence. Put simply, the law of negligence requires a person to adhere to a standard of reasonable care when performing any act that could foreseeably harm others. 6. Every person has a duty to take reasonable care to avoid acts or omissions that you can reasonably foresee would be likely to damage the property of a person, when that person is likely t...