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. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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,...

9. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   ...s362I of the Building Act 2004 imposes a set of implied statutory warranties that apply to all contracts for residential building work, and which includes painting where it is part of the construction of the building. These warranties are taken to form part of the building contract and help fill the gap created by the definition of “goods” in the Consumer Guarantees Act 1993 (CGA) which excludes a whole building. 6. These Building Act warranties essentially mirror the CGA guarant...

10. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

    ...a separate issue from whether it elects to challenge all or only part of a determination. Further, he submits that a party can elect to have a full hearing limited to the part or parts of the determination which it is challenging. He relies on Form 1 of the Employment Court Regulations 2000 and also on the decision of Chief Judge Goddard in Pacific Plastic Recyclers Ltd v Foo.2 Finally, he notes that decisions which have concluded that a de novo hearing reopens the entire matter c...