Search Results

1. Q Ltd v U Ltd & R Ltd [2023] NZDT 683 (12 December 2023) [pdf, 162 KB]

   ...determine the claim. The matter is therefore struck out (and would otherwise have been dismissed as the applicant did not attend the hearing to present their claim). Referee Perfect Date: 12 December 2023 Page 2 of 2 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...

2. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

3. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

   ...the importance of the various taōnga being found within the rohe claimed by that tribe. Further reference was made to historical associations and connections with the area following the migration of the 1820s. Te Atiawa representatives also requested further hui to be held at local marae to consider the application. Submissions for Muaūpoko [14] All Muaūpoko claimants underscored the longevity of the tribe’s association with the Horowhenua and lower North Island region. Mr...

4. TQ v LX [2021] NZDT 1421 (1 April 2021) [pdf, 146 KB]

   ...These costs must be reasonable, foreseeable, established and consistent with the damage caused. 8. TQ provided evidence to the Tribunal of the veterinary costs for B’s care that she claimed she has incurred as a result of N attacking B in the form of itemised invoices. These costs amount to $14,335.57. 9. TQ also provided evidence from one of the veterinarians who treated B that B had no pre- existing conditions that complicated the treatment he received as a result of the attack...

5. OT v KC & ZX [2023] NZDT 693 (14 December 2023) [pdf, 178 KB]

   ...discovered the camera was not in the box, but another item was. 3. OT seeks $330.00 the amount paid for the camera and its postage. 4. In the process of KC being served the claim, ZX contacted the Tribunal identifying himself as the son of KC. He informed that KC had died and produced a death certificate. He further informed the Tribunal that he was the person that had completed the camera auction on [the online platform] using his mother’s account. He is the identifiable and connect...

6. Duty-Lawyer-Policy-v-2-v2.16.pdf [pdf, 424 KB]

   ...Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the duty lawyer act for them, they may be nominated as their preferred provider for Criminal Provider Approval Level 3 or 4 cases. In such circumstances, the duty lawyer must provide details as to why they have been nominated as preferre...

7. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...preceding paragraph, it follows that I also find that EB Ltd is not liable to pay the whole or any part of the amount claimed by D Ltd. I therefore dismiss the claim. Referee: PJ Ferguson Date: 13 August 2019 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 or a mistake was made. If you wish to...

8. FB and QB v HD Ltd [2021] NZDT 1445 (10 November 2020) [pdf, 264 KB]

   ...intended to cover the force majeure event. The Court or Tribunal may, if it is just to do so, also allow a party who has incurred expenses before the time of discharge to retain those expenses including any reasonable overhead expenses and any services performed. 5. The issues to be decided can be stated as follows: (i) Did the contract, on its true construction, intend to cover the event in question? (ii) If not, was the contract frustrated? (iii) If so, is it just that HD Limite...

9. O Ltd v U Ltd & Z Ltd [2023] NZDT 655 (5 December 2023) [pdf, 122 KB]

   ...obliged to provide the truck to O Ltd in any particular condition. It was only obliged to provide a vehicle with a current COF. 1 Section 137(1) CCLA 2 Section 24 CCLA CI0301_CIV_DCDT_Order Page 3 of 4 22. Therefore, the issues that form the basis for O Ltd’s claim for compensation on the grounds of mistake, are the issues that were present when Z Ltd [Town] carried out its COF inspection and that were issues that Z Ltd [Town] should have failed. 23. At the hearing...

10. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

    ...compensation of $20,273.00. I note that as B Ltd has elected not to ask for a full refund, it is permitted to keep the van, and may opt to dispose of it or repair it. Referee: Sara Grayson Date: 9 August 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 fo...