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1. Fong v Accident Compensation Corporation (Suspension of entitlements) [2025] NZACC 004 (13 January 2025) [pdf, 239 KB]

   ...Corporation seek confirmation from Mr Schweder that Mr Fong’s personal injuries are no longer the cause of his incapacity and more likely than not due to multilevel spondylosis that predated his accident on 6 May 2021. [39] The Corporation then requested an opinion from Mr Schweder which was difficult to obtain due to the pressures on his practice at the time. While Mr Schweder convened a telehealth consultation with Mr Fong and discussed treatment options, he did not provide a...

2. NX v HD [2024] NZDT 233 (28 March 2024) [pdf, 196 KB]

   ...to whether a further building could be included, which it could not, so they did not stand to gain financially from the survey result, or fees expended; and d. I considered whether the D’s could be said to have benefitted from the additional information gained, even though it did not prove beneficial, but even so, I am not satisfied that this outcome has resulted in unjust enrichment. 15. As I find that there was no contract, and no quasi-contract resulting in unjust enrichment, it...

3. Re Puia (Rejection of Statement of Claim) [2023] NZHRRT 29 [pdf, 158 KB]

   ...DATE OF DECISION: 25 September 2023 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 [1] On 26 April 2023, Ms Puia presented for filing in the Tribunal a statement of claim (on the official claim form) purportedly filed under s 98 of the Privacy Act 2020 (the Act). [2] The form on page 5 after Step 3 states: Please tick the boxes that apply to you (refer to the relevant Certificate or notice given by the Privacy Commissioner or [if ap...

4. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...is set-off against the unpaid balance of invoices of $3493.70, represented by JF Ltd’s counter-claim, leaving an amount for JF Ltd to pay to HK and QK of $5021.38. Referee Perfect Date: 26 May 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 rehe...

5. 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...

6. 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...

7. 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...

8. 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...

9. TX v BT [2023] NZDT 401 (7 July 2023). [pdf, 211 KB]

   ...However, as the Tribunal’s jurisdiction is limited to $30,000.00, I find that this is the amount that the respondent should pay the applicant. Referee: K. Armstrong Date: 7 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 reh...

10. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

    ...evidence to the contrary, I accept QG’s account of the agreements reached and what occurred subsequently, as set out in paragraphs one to three above. So, I find that she is entitled to the sum claimed as EK has breached the contract by failing to perform his contractual obligations, with QG receiving nothing in return for the payments she made to EK for the bathroom fit out and the tiles. 8. I also find that EK has engaged in misleading and deceptive conduct in trade, contrary to...