Search Results

1. KC v UD [2021] NZDT 1556 (8 September 2021) [pdf, 158 KB]

   ...which he advised that the finance was conditional on a WOF, the communications thereafter were between KC, the broker and the finance company. UD say that his text reply to KC on or about 9 July 2021 was on the basis that KC had supplied all of the information required by [the broker] and [the financier]. 13. I find that it is more likely than not that finance was not approved for the following reasons: (a) UD says it was not approved. (b) There is an email from UD to KC dated 25 Ju...

2. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...APPLICANTS BM and FM RESPONDENT O Ltd The Tribunal orders: 1. The respondent is changed from O Ltd to W Ltd. 2. W Ltd is to pay $2,506.46 to BM and FM by 31 January 2024. 3. The evidence provided by W Ltd in the document ‘Information and Submissions’ received by the [City 1] District Court on 1 December 2023 and provided to the Tribunal in the hearing of 19 December 2023 is suppressed pursuant to s20A of the Disputes Tribunal Act 1988 and may not be published.

3. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...available if the Review Officer considers that the review can be 9 adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [45] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The respondent was content with the matter being dealt with on the papers. The...

4. D Ltd v JD & WD [2022] NZDT 174 (3 November 2022) [pdf, 154 KB]

   ...That means the adjusted price payable is $3242.40. As Mr and Mrs D have already paid $1965.00, there is a balance of $1277.40 to be paid by the Ds to D Ltd. Referee Perfect Date: 3 November 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 rehe...

5. Rapatini v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 97 [pdf, 233 KB]

   ...with the decision of the District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court. [3] In her submissions filed in support of her application, Ms Rapatini refers to her GP lodging an ACC 45 injury claim form for work related gradual process injury. [4] She also refers to s 28 which deals with work related personal injury and to s 30 to personal injury caused by work related gradual process. [5] She says that Judge Henare and J...

6. ND Ltd v TS Ltd [2023] NZDT 101 (3 April 2023). [pdf, 191 KB]

   ...not filed any further documents since the last hearing and did not attend the hearing today. 20. I consider that it is most likely that TS Ltd have not paid an excess to their insurer in this case. This is because: a. BG Ltd has provided information which suggests that the repair of TS Ltd’s van was managed by BG Ltd’s insurer, and cost $2,381.00. This is not what TS Ltd said happened, and TS Ltd has not provided any evidence of what they said at the second hearing. b. I con...

7. PQ v ET [2024] NZDT 73 (12 February 2024) [pdf, 134 KB]

   ...half as agreed. f. Mr P’s claim incorrectly seeks $18,972.55. I cannot award Mr P more than he is claiming. 26. ET is to pay Mr P $18,972.55. Referee: Nicholas Blake Date: 12 February 2024 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 r...

8. KH v EI [2024] NZDT 380 (12 June 2024) [pdf, 143 KB]

   ...34. I am satisfied that the costs claimed are justified and reasonable. 35. For these reasons I find that EI is to pay J Ltd the sum of $12,198.48. Referee: K Johnson Date: 12 June 2024 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 r...

9. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...2 [1] The level 12 penthouse apartments at 196 Hobson Street were leaky. The owner, Manchester Securities Limited, (Manchester) has sued Auckland Council for the cost of repairs. Manchester claims as an assignee of the former owner, Sage Securities Limited (Sage), and, in the alternative, in its own right. Robert Cummins is the sole director of Manchester. Mr Cummins worked as a property consultant for Sage prior to Manchester’s purchase of level 12.

10. K Ltd v EN [2023] NZDT 690 (19 December 2023) [pdf, 171 KB]

    ...considered EN’s evidence but find on balance the claim is successful. I say this because even if EN did not accept the quote, she must have been aware her insurer did and she did not give evidence that at any time before the work was done, she informed K Ltd that payment would be on actual time and cost, not on the quote. This is consistent with EN’s email to T of 12 June 2023 in which she said we have the go ahead to fix the wall etc from the insurance company. 4. Quotes provide...