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1. BD v U Ltd [2022] NZDT 232 (10 November 2022) [pdf, 179 KB]

   ...requirement that the vehicle must “securely locked when unattended”. 8. Both parties participated in the telephone hearing on 31 October. NS represented U Ltd. 9. It is not disputed that the “securely locked when unattended” requirement forms part of the policy that BD holds with U Ltd. The policy states “if you do not comply with your responsibilities under this section, we can decline any claim (and recover any claims payment already made)”. 10. It is not disputed...

2. BC v ND [2022] NZDT 207 (23 November 2022) [pdf, 107 KB]

   ...and the date of the making of the order”. That is, the Disputes Tribunal does not have the ability to order interest to accrue beyond the date of the order. Referee Perfect Date: 23 November 2022 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 rehe...

3. Invoicing Quick Reference Guide [pdf, 130 KB]

   This factsheet is designed to assist lawyers to invoice Legal Aid, providing tips and links to available resources. Things to remember when submitting invoices • Make sure the claim is made on the correct form. • Ensure the form contains the: o Correct legal aid grant number. o Name of the lead provider. o Provider number o Firm name. o Firm number. o GST number, if applicable. o Signature of the lead provider (electronic is accepted). • Ensure the inv...

4. 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...

5. 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...

6. 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...

7. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [pdf, 210 KB]

   ...of that process, and the Committee’s subsequent resumption of its process in April 2019. The Committee’s decision records that in the meantime: On 24 August 2018, Judge VH released a copy of the 23 November 2017 letter following an earlier request by [the Committee]. Mr TN did not take the opportunity offered by the Committee to file further submissions after the own motion inquiry resumed, and the decision recording that there had been unsatisfactory conduct on his part was is...

8. CC v SN & KM [2023] NZDT 475 (25 August 2023) [pdf, 167 KB]

   ...contract in terms of her original proposal, but more an acknowledgement that work on the fence of some nature would be needed at some stage, whether it be a repair or rebuild. 15. I find there was not an enforceable contract between the parties formed on 11 January 2023. CC’s claim is dismissed. 16. Consequently it is not necessary to consider any remedy CC and KM had. CI0301_CIV_DCDT_Order Page 4 of 6 Counterclaim Does SN’s counterclaim of 10 February rely...

9. 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...

10. 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...