Search Results

1. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...his purchase price of $11,484.00, and $2,000.00 for legal costs and his own time and inconvenience in dealing with this matter. 3. C Ltd denies the claim saying no such assurance was given. It says NN had completed his purchase by the time any information about potential phone charging capabilities, or otherwise, could be provided to him. 4. The issues to be resolved are: a. Is the bike of acceptable quality and/or fit for any purpose made known by NN? b. If not, is NN entitled...

2. SE & EE v UT & D Ltd [2024] NZDT 889 (13 December 2024) [pdf, 100 KB]

   ...motel while the repair was being undertaken. I agree that the costs are reasonable and therefore order D Ltd to pay the full claimed amount of $1,447.07. Referee: Souness - DTR Date: 13 December 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 for a reh...

3. BC v BT [2021] NZDT 1625 (12 July 2021) [pdf, 175 KB]

   ...fault he should not have to pay for. 3. The question is whether the laptop failed the guarantee of acceptable quality under the Consumer Guarantees Act 1993 (CGA). Did the battery fail prematurely? 1. In order to get the best information about the state of the battery and repairs, the agent was phoned from the hearing. Unfortunately, because of BC’s delay in making the claim, the vital information about the cycles of the battery was no longer available. The batte...

4. HD & NC v WD [2023] NZDT 518 (25 October 2023) [pdf, 174 KB]

   ...respondents liability to the applicant. 7. For this reason, the claim must be dismissed. 8. Finally, all parties attended the hearing other than X Ltd. Referee: P McKinstry Date: 25 October 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...

5. N Ltd v C Ltd [2024] NZDT 307 (9 May 2024) [pdf, 92 KB]

   ...satisfied that the appropriate award is the sum claimed. 14. For these reasons the claim by N Ltd against C Ltd is proved and C Ltd is to pay N Ltd $18,205.79. Referee: K Johnson Date: 09 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...

6. 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...

7. [2021] NZACC 76 - Herbst v ACC (20 May 2021) [pdf, 220 KB]

   ...[14] Then in his decision of 12 April 2018 (review 5672089) at page 12 the Reviewer noted: … following discussion both parties agreed to an outcome for this review. That was that ACC issue a decision in relation to all four of these claimed entitlement requests (training for independence, transport for independence, concussion clinic referral and funding of orthotics) within two months. As is normally the case that will be a fresh reviewable decision should Ms Herbst d...

8. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...three interlocutory hearings over the course of six months. Disclosure was a substantial burden for IR’s counsel, as well as its discovery team. On the other hand, the plaintiffs failed to disclose relevant documents, which required follow-up requests. [12] An application to have Madison joined, although not initially opposed by the plaintiffs, was subsequently when it was argued Madison should be joined as a third party rather than as a defendant. Again, affidavit evidence, sub...

9. 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...

10. 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: