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1. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...LIMITED) [61] The Fourth respondent denies liability for any damage to the owners’ dwelling caused by water penetration which it submits has occurred through the gap between the curved head flashings and the aluminium joinery, through the joint formed at the junction of the Insulclad and the block wall in the rumpus room, and through a failure in the joint between the sill of the bifold doors in the living room and the tiled deck over the garage below. [62] PSL claims t...

2. IQ & WK v HK [2024] NZDT 134 (10 April 2024) [pdf, 222 KB]

   ...exclusive possession of any parts of the property. There is no question that this was the basis on which the house was owned. The evidence of this is the lawyer’s file notes and a written statement in which HK gifted $100,000 to IQ. This also informs a presumption that costs will be shared. 16. I find that there was an agreed position that the parties would pay even shares for the mortgage payments, rates and outgoings (the Contributions). This is because: a. cl C. of the Deed r...

3. GU v TI LCRO 258 / 2010 (19 December 2011) [pdf, 129 KB]

   ...in Mrs GV’s house sometime between 1994 and 1995. He remained in occupation after her death. 2 [6] Mr TI attempted to register a transmission of the title to the property to the executors, but was prevented from doing so by a Notice of Claim pursuant to section 42 of the Property (Relationships) Act 1976 which had been lodged by Mr GV on 25 June 2009. He claimed an interest in the property on the grounds of a de facto relationship with Mrs GV. [7] Other aspects of the a...

4. Ruddelle v Auckland District Health Board [2021] NZHRRT 5 [pdf, 230 KB]

   ...IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 5 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [2] On 5 February 2015 Dr Bidwell, Paediatric Orthopaedic Surgeon at Starship Hospital, (employed by Auckland District Health Board (ADHB)) performed surgery to correct Michael’s flat feet. [3] Following the operation Michael experienced ongoing pain and discomfort and he was readmitted to Starship Hospital in April 2015 and attended an appointment in May 2015. Dr Bidwell was on...

5. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

   ...of $3,087.15 for maintenance costs incurred after May 2020, plus the cost of removing the doors ($3,796.15). NI paid for the maintenance costs, which left only the removal costs in dispute. 4. The issues to be resolved are: (a) Which documents formed part of the contract between OH and NI? (b) In what circumstances was OH entitled under that contract to claim removal costs? (c) Are removal costs recoverable? Which documents formed part of the contract between OH and NI? 5. Th...

6. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...have to consider are: a. Was there a contract between the parties? b. If so, has it been breached by SQ? c. If so, what remedy is appropriate? Was there a contract between the parties? 6. The relevant law is contract law. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 7. I find a contract was formed when...

7. KQ v Accident Compensation Corporation (Independence Allowance) [2025] NZACC 050 [pdf, 159 KB]

   ...Corporation confirmed the appellant had agreed to a one-off Independence Allowance payment of $10,959.00, and that this would be paid shortly. [11] On 6 October 2023, Dr Ramsey filed a further medical certificate seeking a reassessment. The form, however, suggested that the Corporation might have declined the claim and that this was a request for a first assessment on the claim. Dr Ramsey did not complete the section of the application form regarding a reassessment, and so did n...

8. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

   ...he says they were when they were sold as they had been vet-checked. No evidence has been presented from that time that would contradict the statements made by SM in relation to the condition of T and the mother at the time the contract to buy T was formed. 9. Some statements that TX contends were false, were made after T developed problems at 6 months old, well after his purchase, such as SM's statement that they were the first to have a puppy with problems - while this seems to...

9. YM v F Ltd [2024] NZDT 64 (20 February 2024) [pdf, 223 KB]

   ...provided hourly rates and gave an estimate of costs for the work of between $6000-$10,000.00. YM paid a deposit of $3000.00 as per the agreement. 3. YM’s solicitor sent around 130 files to F Ltd (NP says they totalled about 2000 pages of financial information) and work proceeded. F Ltd invoiced on a monthly basis so sent the first invoice, for $4976.68 (after discount), to YM on 21 February 2022. YM was shocked by the cost, so terminated the work on 25 February. On 22 February she...

10. Nisha v Devi [2011] NZIACDT 23 (7 July 2011) [pdf, 90 KB]

    ...application was in progress. [6.8] In May 2010, the Teachers Council closed the application due to lack of documentation. It appears the Adviser knew of that development and failed to inform the Complainant. Furthermore, the Teachers Council had requested the information from the Adviser twice and no steps had been taken by the Adviser. The Adviser did request further documents in June 2010 and they were supplied by the Complainant. 3 [6.9] On 8 August 2010, the Complainant...