Search Results

1. Mahanga v Sade - Horahora 1A1 (2017) 148 Taitokerau MB 237 (148 TTK 237) [pdf, 140 KB]

   ...Dickson Transport subsequently filed proceedings in this Court seeking a charging order for costs it claimed were outstanding concerning the formation of this road. 2 During the course of those proceedings, the Horahora Roading Committee was formed by some of the owners of the Horahora blocks (including Ms Sade), to try and resolve the issue. An agreement was entered into with Dickson Transport for payment of the debt and the application was dismissed by consent. [16] Mr Mahanga...

2. KS v T Ltd [2023] NZDT 28 (11 January 2023) [pdf, 225 KB]

   ...of hours and his staff dried out the wet carpet. KS said he was assured the water damage would be rectified and he was phoned a few weeks later – repairs still had not been carried out and he says at that point there was further damage in the form of dents to external panels, and he noticed that the rear window rubber had been cut in order to remove the rear window. 3. The certification work was subsequently completed by H Ltd and a $250.00 discount was applied to the bill for the...

3. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...a hazard only once it was cracked due to the encroaching trees, as it had been well maintained over the years with reasonably regular painting to ensure no exposure of the substrate to UV light, which causes the deterioration that enables particle formation and consequently the risk of asbestosis to anyone who inhales. 8. Nevertheless, CB cannot recover the full replacement cost of the shed because there is an element of betterment. His original shed was built in 2002, though CB’s evide...

4. EM & TM v FW [2024] NZDT 575 (10 July 2024) [pdf, 196 KB]

   ...RESPONDENT FW The Tribunal orders: FW is to pay EM and TM the sum of $21,449.22 on or before 31 July 2024. Reasons: 1. EM and TM purchased a house from FW. The parties agreed that a large spa pool present at the property was to form part of the purchase. 2. When EM and TM moved into the house they filled the spa pool up with water and then turned on the spa in an attempt to heat the water. After around an hour the lights in the house flickered, and then the electric...

5. ZZ v L Ltd [2023] NZDT 323 (11 August 2023) [pdf, 233 KB]

   ...that the concrete supplied by L Ltd is of acceptable quality. His claim is therefore dismissed and there is no need for me to address the third issue (remedy). Referee: R Merrett Date: 11 August 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 r...

6. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   ...Tribunal awards the $5,000.00 MS seeks but deducts the outstanding amounts due under the contract, leaving a balance payable to MS of $2,400.00. Referee: L. Mueller Date: 18 December 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 r...

7. EC v LP & CP [2025] NZDT 147 (7 February 2025) [pdf, 96 KB]

   ...any, is available to the seller? Was there a binding contract? 4. The buyer lives in [City 1], and the seller lives in [City 2]. The buyer organised a colleague to view the car but had not seen it herself when the seller claims the contract was formed. The buyer submitted that she had no intention to be legally bound to buy the car until she had a chance to inspect it herself. 5. However, the buyer’s subjective intention does not determine whether there was a binding contract. Sinc...

8. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...2 OVERVIEW [1] Mr Butcher is a Christian of orthodox beliefs. He lives in a rural location in the Wairarapa where public transport options are limited. Although he drives, he does not have a current licence because he believes the prescribed form of the current photo driver licence, which requires a digitised photograph, a digitised signature, and a bar code, to be the “mark of the beast”. [2] Mr Butcher claimed that the requirement for him to hold a licence in a form which i...

9. DI v DE & UC Ltd [2022] NZDT 105 (13 September 2022) [pdf, 88 KB]

   ...is not entitled to make any legal claim under the contract. DI cannot bring a claim for refund of the deposit, therefore the claim is dismissed. Referee: Sara Grayson Date: 13 September 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 rehe...

10. HX v NM [2022] NZDT 206 (25 November 2022) [pdf, 98 KB]

    ...was created as a result of a subdivision undertaken by HX. 2. NM purchased the newly subdivided site and engaged a construction company to build a new house. During the course of construction, HX alleges that heavy trucks caused damage in the form of cracks to the approximately 50-year old driveway. He also contends that water pipes were broken twice by NM’s contractors, leading to excessive water bills. 3. HX claims $5,612.95; being $1,550.00 for losses relating to high water bil...