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1. CI v LI [2022] NZDT 227 (5 December 2022) [pdf, 107 KB]

   ...filing fees. There are three exceptions, and this counter claim does not fit the exceptions. For this reason, I must dismiss LI’s counter claim for costs. Referee: C Murphy Date: 5 December 2022 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...

2. 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...

3. [2009] NZEmpC AC 48/09 Discount Crane Hire Ltd v Taljaard [pdf, 23 KB]

   ...Crane Hire Limited (“DCHL”). Mr Taljaard sought to recover annual holiday pay for two former DCHL employees and a penalty of $10,000 for failing to pay out holiday pay on termination of employment and failing to provide a holiday record upon request. [2] The Employment Relations Authority delivered its determination on 10 August 2009 (AA 268/09). The Authority there recorded that DCHL failed to attend mediation as directed and notified by the Authority on 28 April 2009. Fol...

4. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...and 2) the windscreen was not refitted correctly after the rust repair. Remaining Rust 8. EI Ltd carried out its work on the area around the windscreen on or before 3 February 2020. 9. After a second incident with the windscreen, NK was informed on 26 November 2020 that there was again rust around the windscreen. 10. NK says he was advised that the work done previously by EI Ltd was inadequate. NK supplied a note in his evidence from a staff member at a branch of [Windscreen...

5. XT v HN [2021] NZDT 1541 (14 January 2021) [pdf, 188 KB]

   ...$21,500.00. Taking in to account the evidence presented by both parties I find a fair value for the caravan is $2800.00 and this is the amount HN is liable for. Referee: C Murphy Date: 14 January 2021 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...

6. KL v DQ & N Ltd [2023] NZDT 505 (14 April 2023) [pdf, 199 KB]

   ...breach of s 9 causes a person to suffer loss, the Tribunal may grant a remedy under s 43. 11. Breach of a contractual promise is not in itself misleading conduct. However, entering into a contract can imply that there is an honest intention to perform the contract. I find it more likely than not that the consultant never had any honest intention of performing the contract. Even if he did initially intend to perform the contract, it seems that he misrepresented the progress of the work in...

7. CL v Q Ltd & WN [2023] NZDT 448 (19 September 2023) [pdf, 119 KB]

   ...standard or industry accepted definitions of the term. The word “personal”, in this context, means pertaining to persons. The word “electronics” means a device which requires the flow of electrons through conductors and semiconductors to perform its function. Applying these definitions, I am satisfied that CL’s hearing aids are in the category of “personal electronics”. Hearing aids pertain to a person, and they operate by electricity. 13. Therefore I find that the...

8. 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...

9. 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....

10. Te Manutukutuku Issue 36 [pdf, 5.9 MB]

    ...Wellington Tenths Trust, Mr Morris Love, a member of the Trust's Board of Trustees, and Mr William Cooper, Chairman of the Ngati Poneke Marae Association. According to the claimants, the proper­ ty under dispute, known as 'section 1', forms part of the original Pipitea Pa site, which includes traditional areas of cultiva- tion and urupa/wahi tapu. This whole area, including section 1, is classified as being Claimants had applied for the return of the Pipitea Street pr...