Search Results

1. 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...

2. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...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...

3. SN v EH [2024] NZDT 763 (13 November 2024) [pdf, 253 KB]

   ...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...

4. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...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...

5. [2017] NZEmpC 146 Yu v Zespri International Ltd [pdf, 767 KB]

   ...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...

6. 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...

7. Randle v Accident Compensation Corporation (Claim for cover) [2024] NZACC 131 [pdf, 301 KB]

   ...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...

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...