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1. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...

2. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...

3. LA v KZ [2023] NZDT 574 (14 November 2023) [pdf, 193 KB]

   ...refundable to LA? 12. For the reasons given above, I find that KZ is liable to pay $900.00 to LA and the balance of the claim and the counter-claim are dismissed. Referee Perfect Date: 14 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...

4. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

   ...was sufficient proof that a lose towbar was responsible for the second bike rack failing and needing to be replaced. 19. Mr Z said that those kind of towbars need a specialised ball system which he described. He said that the using a mathematical formula which is an acceptable way to work out load capacity, the downward pressure on the bike rack was too great. 20. He said that while he does not dispute that the bike towbar became lose and demonstrated unacceptable movement, the rea...

5. EN & ND v QI & MI [2023] NZDT 272 (21 July 2023) [pdf, 181 KB]

   ...unable to award costs of this type because of section 43 of the Disputes Tribunal Act 1988. There are some exceptions to this but none of them apply in this case. Referee: M Wilson Date: 21 July 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...

6. BL v E Ltd & UFH Ltd [2024] NZDT 655 (15 July 2024) [pdf, 218 KB]

   ...https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312810#DLM312810 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312813#DLM312813 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312816#DLM312816 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 n...

7. WT v DX [2024] NZDT 796 (26 November 2024) [pdf, 190 KB]

   ...recoverable? 17. In the absence of any representations made about N’s health, the purchase is a situation of “buyer beware” and costs are unable to be awarded. Referee: CD Bennett Date: 26 November 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...

8. CU & OU v DX & Ors [2024] NZDT 790 (28 September 2024) [pdf, 205 KB]

   ...Council drainage system. In this situation I make the observation that such an easement is a right to drain stormwater and is not an obligation to do so. Referee: C Murphy Date: 28 September 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 rehe...

9. DT & Ors v MU [2025] NZDT 1 (17 January 2025) [pdf, 97 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [Racehorse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [Racehorse] appears to have had a latent condition that only became evident after the sale. The ve...

10. TUW & TJW v TX & HL [2024] NZDT 358 (10 May 2024) [pdf, 186 KB]

    ...chattels to go with the property. Both parties agreed the gate was not listed as a chattel. Conclusion 8. For the above reasons, the claim is dismissed. Referee: L Thompson Date: 10 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...