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1. CD & ors v CU Ltd [2024] NZDT 508 (23 June 2024) [pdf, 145 KB]

   ...Has that caused the trustees’ loss? c) Are the trustees entitled to be paid the amount claimed ? Has CU Ltd breached the agreement it has with the trustees? 9. The applicable law is the law of contract. Parties to a contract must perform their respective obligations and do what they have agreed to do. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract and pay damages to put the other party into the position that...

2. HK v UB Ltd [2024] NZDT 252 (28 March 2024) [pdf, 199 KB]

   ...deposit. The Invoice clearly states the payment represents 50% of the accepted quote as per the Terms and Conditions. Both parties agree the original price agreed between them was $4,538.77. CI0301_CIV_DCDT_Order Page 2 of 4 7. A contract can be formed orally or in writing. Terms of contract are those that are agreed prior. I find that there was a contract between the parties and that the term of the contract as to price was in writing. Contract terms can be varied by agreement...

3. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

   ...2024. Reasons: 2. On 22 October 2023, DI was looking for holiday accommodation in [Town] over Christmas and New Year period. He used C Ltd website and found a suitable property. DI says he attempted to book the property and entered certain information which included his credit card details. Upon submitting the booking request, he received a pop up message saying the property was not available. 3. He understood that to mean that his booking was not successful. His wife later bo...

4. KM v LK [2023] NZDT 255 (28 June 2023) [pdf, 96 KB]

   ...the parties also discussed this at the makeup trial that LK did for KM before she went away to [country]. 13. LK organised a replacement makeup artist for the wedding, and so KM was not entitled to a refund under the contract. 14. While the formal cancellation came from LK, this was clearly in response to KM’s repeated statements that she was unhappy with the replacement offered and requests for a refund. KM’s emails and texts made it clear she did not want the replacement make...

5. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...3750.00 which he increased to $4470.00 at the hearing, being a refund of $720.00 plus $3750.00 for 5 weeks storage necessary because of delay caused by G Ltd leaving the site after a week. 5. The issues to be determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutor...

6. OQ v NO [2025] NZDT 74 (5 March 2025) [pdf, 223 KB]

   ...good working order and free from any defects. The Vendor unconditionally and irrevocably guarantees that if, within two years from the date of settlement, any defects or failures are discovered in the roofing, guttering, and spouting or in the performance thereof, the Vendor shall, at their own expense, rectify such defects to ensure the roofing, guttering, and spouting are in good working order. Notwithstanding anything contained in this guarantee or any other document, should the guarant...

7. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...asked the company to make a kitchen and another wash area for him. It recorded that Ms Yang said he brought her draft drawings he had prepared. She gave these to a designer, who put them through a software programme. She then gave Mr Pan a formal quotation for over $12,000 for the manufacture of the two kitchen areas, including benchtops and cabinetry. This was based on “mate’s rates” with Mr Pan undertaking the making of the stone benchtops himself from stone ordered thro...

8. QD v KI [2024] NZDT 147 (17 April 2024) [pdf, 129 KB]

   ...agreement? c. Is QD entitled to $19,767.10 plus damages as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 4 What was agreed about the sale of the motorhome and the loan? 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. WHT - Managing claims - Chair's Directions [pdf, 34 KB]

   ...email. 13. When filing such an email application or request, or responding to it, the party filing or responding is required to copy the email communication to all other parties. If there is no email address for any party the Tribunal can be requested to arrange service on that party Hearing Documents 14. Each party is required to file electronic and hard copies of all their hearing documents with the Tribunal and either serve all other parties with hardcopies or provide...

10. IT v OC Ltd [2024] NZDT 700 (15 November 2024) [pdf, 219 KB]

    ...purchased by IT had been sold, leaving only the less popular colours. IT had purchased one of the popular colours. 7. The Tribunal must make a decision on the evidence that is presented. As it is possible IT may have simply misunderstood the information that was being provided to him, and as there is no CI0301_CIV_DCDT_Order Page 2 of 3 evidence that OC Ltd engaged in conduct that may have misled or deceived IT, I find the claim cannot succeed. The claim is therefore dismissed....