Search Results

1. KS & MS v TI & ND [2020] NZDT 1596 (13 May 2020) [pdf, 98 KB]

   ...emotional harm. The Fencing Act makes no provision for these claims and therefore I must dismiss this claim for these costs. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: C Murphy Date: 13 May 2020 Page 4 of 4 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 or a mistake was made. If you wish to ap...

2. NO Ltd v JL Ltd & SI [2021] NZDT 1342 (19 January 2021) [pdf, 200 KB]

   ...starting point and helpfully suggested some figures at the hearing. I have also had regard to the case of Unison Networks Limited v Nottingham Forest Trustee Limited [2019] NZHC 2280 in support of JL’s position, particularly that the summary of costs information NO has relied on should be considered insufficient. In the Unison case the repair costs claimed were recorded by the Court as being substantiated by material lists, timesheets and subcontractor’s invoices. JL is critical of

3. BE v IC [2023] NZDT 646 (29 November 2023) [pdf, 145 KB]

   ...definition of costs. The claim is not frivolous or vexatious nor has any party unnecessarily prolonged the proceedings. Therefore, costs cannot not be awarded. Referee: Sara Grayson Date: 29 November 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...

4. IU v TS [2023] NZDT 585 (8 November 2023) [pdf, 164 KB]

   ...the compensation claimed is reasonable given the nature of the damage and the pre-accident value of the applicant’s vehicle. Referee: Hannan DTR Date: 8 November 2023 CI0301_CIV_DCDT_Order 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...

5. DN v C Ltd & D Ltd [2023] NZDT 283 (12 July 2023) [pdf, 207 KB]

   ...and he has not appeared or provided any direct evidence to the Tribunal. 2 As stated, K has not appeared at hearing. Page 3 of 4 CI0301_CIV_DCDT_Order Referee: Hannan DTR Date: 12 July 2023. Page 4 of 4 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...

6. TG v AM & PD Ltd [2023] NZDT 368 (24 July 2023) [pdf, 121 KB]

   ...summary, I find that PD Ltd and AM are to pay BJ Ltd the combined total sum of $28,573.21 for loss suffered to BJ Ltd. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: G.M. Taylor Date: 24 July 2023 Page 5 of 5 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...

7. KX & MC v FK [2024] NZDT 665 (16 August 2024) [pdf, 259 KB]

   ...to a claim raises a positive defence, an evidential burden moves to that party to prove the defence on the balance of probabilities. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and also takes into account the substantial merits and justice. I would like to reassure the parties that all information and evidence presented to the Tribunal has been consid...

8. TG v NNI [2022] NZDT 139 (15 September 2022) [pdf, 229 KB]

   ...professional nature and that the CGA applies. This is for the following reasons: a. NNI had posted on social media ‘We are happy to be offering hairdressing services to you … hair colour … expert highlights … to reserve a time or for more information please get in touch with the below number …’ I find that an ordinary person would take these words to mean what they say, and that NNI was offering hairdressing services. In making this finding I have had regard to NNI saying...

9. [2012] NZEmpC 25 Air New Zealand Ltd v Milne [pdf, 117 KB]

   ...Milne’s claims, resulting in the filing of an amended statement of problem. These difficulties are set out in minutes from the Authority member, dated 27 October 2009 and 25 February 2010. [6] The applicant wrote to Ms Milne on 29 April 2011 requesting payment of the $8,000 awarded against her in the Authority on 6 April 2011, and requesting her agreement to pay security for costs in the Employment Court proceedings. She declined both requests, by way of letter dated 10 May 2011...

10. SG v QG [2023] NZDT 116 (15 March 2023).pdf [pdf, 202 KB]

    ...SG would collect the boat from the [City 1] Port on 31 August 2022? 7. Parties are bound by express terms of contract. Express terms are those that have been stated. Contract terms must be stated/agreed prior to or at the time the contract was formed. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find it was not a term of the contract that SG would collect the boat from the [City 1] Port on 31 August 2022 for the following reasons: (a) The text messages provided by SG do not have date...