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  1. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 136 KB]

    ...deputised to apply the Equus system to the gutters. He applied the first two coats. He did not apply the final coat. The Tribunal has already held he had come to an arrangement with the builder for Mr Olsson to apply the final coat, at the request of and ostensibly for Mr Olsson. He had every reason to trust Mr Olsson to do this work particularly as the Olssons had a personal interest, it being their home, as well as Mr Olsson being a qualified builder. This means Mr Sweetman...

  2. MO & HD v IE Ltd [2022] NZDT 285 (23 November 2022) [pdf, 154 KB]

    ...was $69,000.00 for architectural drawings, interior decoration design and landscape design, all to building consent stage 2. The first of three progress payments, $20,700.00, was paid on 21 September 2021. 3. In early December 2021, IE Ltd informed MO and HD that IE Ltd would not be able to proceed with the construction of the house within the couple’s budget — they were offered the opportunity to engage the architect directly to continue with the design works. 4. MO and HD...

  3. SE & UE v DT [2024] NZDT 661 (13 September 2024) [pdf, 202 KB]

    ...is liable to pay the cost of putting the other person back in the position they would have been in, had the damage not occurred. A court or tribunal will often consider therefore whether there has been diminution in value in property, alongside information provided about reinstatement or repair. 14. I find SE and UE are entitled to compensation of $25,512.00. 15. It is helpful first to summarise the components of SE and UE’s claim. Those components initially comprised:

  4. KB v K Ltd & Q Ltd [2024] NZDT 436 (11 June 2024) [pdf, 191 KB]

    ...compensation for lost or damaged goods. [12] In this case, KB’s claim is largely not for the lost perishable goods, but is for the unsatisfactory manner in which K Ltd dealt with his delayed baggage. In effect, he argues that he was given misleading information, and that K Ltd’s inefficiency caused him to expend time and trouble in locating and retrieving his bag. Decision [13] I consider that KB is entitled to the value of the perishable goods that he lost. I accept that K Ltd...

  5. Boyle v ACC (Deemed Cover, Weekly Compensation) [2024] NZACC 61 [pdf, 277 KB]

    ...April 2024 Held at: Hamilton District Court Appearances: L Wilkie for the Appellant C Houlahan for the Accident Compensation Corporation (“the Corporation”) Judgment: 9 April 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for deemed cover – s 58; suspension of weekly compensation - s 117, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 21 June 2022. The Reviewer dismissed an a...

  6. U Ltd v M Ltd [2025] NZDT 63 (13 February 2025) [pdf, 250 KB]

    ...April 2024, the engagement became a general agency until cancelled by one calendar month’s written notice by either party. The listing agent was UH. On 17 November 2024, the Applicant put the listing for the Property up on various advertising platforms, as agreed between the parties. 2. On 31 January 2024, Mr M of the Respondent sent an email to UH asking for the listing to be withdrawn, and UH confirmed this on 2 February 2024. Mr M believed that the sole agency was then cancelled,...

  7. LG v HX [2024] NZT 681 (12 September 2024) [pdf, 97 KB]

    ...that it cannot lawfully be driven on the road. LG claims a refund of the price he paid, and compensation for the parts and labour he expended on the vehicle. [2] LG said that he bought the vehicle after seeing it advertised on [an online selling platform]. The purchase price was $15,500.00. At the time of the sale, HX gave him a copy of a LVVTA Rectification form, which set out the work that was needed in order for the vehicle to be certified as roadworthy. A number of items were listed...

  8. Legal aid Family Fixed Fees Schedules [pdf, 870 KB]

    ...Taking instructions, attending the client  Preparing application for legal aid  Attempting to contact the client  Closing the file  Reporting to client  Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

  9. Family Fixed Fee Schedules [pdf, 870 KB]

    ...Taking instructions, attending the client  Preparing application for legal aid  Attempting to contact the client  Closing the file  Reporting to client  Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

  10. OX v QT Ltd [2021] NZDT 1671 (16 August 2021) [pdf, 95 KB]

    ...evidence presented OX’s vehicle was parked in the carpark for no more than 5-10 minutes. I find the $95.00 he has paid is more than sufficient compensation. Was OX a party to a contract in parking where he did? 8. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 9. QT’s letter infers there was a contract between the parties. The letter states...