Search Results

1. NC v D Ltd [2024] NZDT 683 (30 August 2024) [pdf, 211 KB]

   ...18(6) states - the Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 6. To “have regard to the law” under s 18(6) includes considering legal principles that the referee is aware of in a fair and unbiased manner and applying the law in an impartial manner, save when strict observa...

2. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...more likely than not). If a respondent raises a defence to a claim, that defence must also be proved to the same standard of proof. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and is also required to take into account the substantial merits and justice (s18(6) of the Disputes Tribunal Act 1988). 8. I would like to reassure the parties that all inf...

3. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...[44] The Simpsons say that the windows leaked and G R W attended to those leaks. The Simpsons say that the repairs were temporary, though they did not realise it at the time. [45] On 21 June 1995 the Simpsons showed on a house maintenance form that there were leaks in the storeroom, rumpus room, French doors and under the French doors onto a small deck into the lounge. [46] Mrs O’Callaghan’s maintenance list of 11 July 1995 refers to leaks in the arcade roof, in the pla...

4. UO & NO v HS Ltd & JI & HM [2021] NZDT 1587 (21 July 2021) [pdf, 270 KB]

   ...be done. Issues with the drainage 31. Mr N addressed the issues with the driveway drain channel, it was installed without any drainage being connected. In some parts there is concrete in the channel. As a result, when it rained, water pools form beside the house and do not drain properly. 32. UO acknowledged some of the minor issues were fixed by HS, but the significant issues in relation to the roof, cladding, bathroom and shower, windows and drainage still needed to be repai...

5. QI & UD v P Ltd [2023] NZDT 636 (28 November 2023) [pdf, 175 KB]

   ...plaster after the remedial work. UP agrees that this is a reasonable price for the sealant that would have been needed. Therefore, the claim is proved in full. Referee: Sara Grayson Date: 28 November 2023 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 reh...

6. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...other costs to bring the claim unless it is provided for by contract and in certain specific circumstances described in s 43. None of those circumstances apply here. Referee: R Merrett 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 re...

7. ST P Ltd v D Ltd & R Ltd [2024] NZDT 3 (8 January 2024) [pdf, 183 KB]

   ...pay rate of $36.00 an hour. Therefore, I find $216.00 is fair and reasonable compensation. 17. In total I have found P Ltd is entitled to $906.00 compensation. Referee: C Murphy Date: 8 January 2024 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 reh...

8. WU v QW [2024] NZDT 275 (13 May 2024) [pdf, 99 KB]

   ...her and therefore I dismiss the claim for burying MN. 15. In sum, I have found the amount that is reasonable is $902.25 being $614.20, $58.15 and $229.90. Referee: C Murphy Date: 13 May 2024 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 reh...

9. IN & KT v D Ltd [2023] NZDT 737 (20 December 2023) [pdf, 188 KB]

   ...damage caused by…operation of the forces of nature that an experienced contractor could not foresee or reasonably make provision for or insure against. “ 10. Mr A of D Ltd claims rising costs from suppliers, spurred by the pandemic, make performing the fixed-price contract infeasible. Additionally, Mr. A noted there were other contributing factors in the decision to cancel the contract, including numerous delays. For example, the settlement of titles was expected to occur in 2022,...

10. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

    ...claim. The Tribunal has limited jurisdiction to order costs, and none of those circumstances apply. Therefore, this aspect of the claim is dismissed. Referee: J P Smith Date: 20 December 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 r...