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1. TN v U Ltd [2024] NZDT 89 (7 February 2024) [pdf, 149 KB]

   ...and inconvenience arising out of the asbestos contamination in 2017. I have therefore deducted this amount from the award of $1200.00 general damages. Referee: R Merrett Date: 7 February 2024 Page 5 of 5 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...

2. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...[3] Ms YY had initially instructed Mr TW to act for her on the sale, but as Mr TW did not operate a trust account, Mr TW referred Ms YY to Mr FN. 2 [4] On the 29th of January 2013, Mr TW forwarded facsimile correspondence to Mr FN making request of Mr FN to prepare an agreement for sale and purchase of the [address] property. [5] That correspondence: (a) Identified the vendor and purchaser; and (b) advised the sale price that had been agreed; and (c) recorded that no depos...

3. Waitangi Tribunal - Wai 2522 2.5.0009 TPPA [pdf, 1.3 MB]

   ...Harawira, Rikirangi Gage and Moana Maniapoto. 8. The claimants allege that the Crown has breached the principles of the Treaty of Waitangi and that prejudice will result. They say:3 a) The Crown has undermined its Treaty partner by failing to provide information and failing to actively consult with Maori in good faith over the TPPA; b) The Crown has failed to actively engage with Maori in decisions that impact on their rights under te Tiriti and at international law notably the United...

4. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...causing him stress. 4. BW seeks all his rent paid of $3,486.00 returned to him and $1,514.00 for the stress he says has suffered. 5. XT has not contested any of this evidence. He did not file any defence or response to the allegations in the claim form. He did not attend today’s hearing. 6. This Tribunal has jurisdiction for claims in contract. The flat sharing agreement is a contract. The major benefit of a flat sharing agreement is the provision of a place to live. One of th...

5. EQ & KQ v S Ltd [2024] NZDT 606 (22 July 2024) [pdf, 114 KB]

   ...the amount ordered is not for Tribunal costs. Conclusion 12. For these reasons S Ltd is to pay KQ and EQ the sum of $6,682.75 by the date stated in the order. Referee: K Rendall Date: 22 July 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 r...

6. MG v TX & QD [2021] NZDT 1631 (30 June 2021) [pdf, 188 KB]

   ...one new lot, and transfer ownership of that lot to MG and her partner. The agreement required MG and her partner to pay TX and QD the costs of the sub-division. 11. MG’s claim may be considered as a claim for damages arising from the non-performance of that contract. However, there are several difficulties with considering the claim on that basis, including: a. Contracts for the sale of land are not enforceable unless they are in writing (section 24, Property Law Act 2007).

7. QE v HN [2024] NZDT 212 (7 March 2024) [pdf, 92 KB]

   ...that of the old fence. [14] Thus, as QE had agreed to pay for the new fencing, and as HN did not agree to pay for anything more, QE’s claim must be dismissed. Referee: C Hawes Date: 7 March 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 r...

8. BS & NS v DL [2023] NZDT 50 (9 February 2023) [pdf, 183 KB]

   ...$2,676.22 for the vet treatment and travel costs. 13. The claim for the filing fee is dismissed and the claim for NS’s medical expenses is struck out. Referee: Sara Grayson Date: 9 February 2023 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...

9. BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]

   ...applicants claim $3,866.30 for a replacement mantel because the old one will need to be removed. 21. The normal measure of damages for breach of contract is to put the wronged party into the position they would have been if the contract had been performed. 22. I am satisfied that if the contract had been performed the applicants would be in possession of an elderly inset fire box and flue with an out of date wooden mantel in reasonable working order. 23. I am not satisfied that...

10. OX v KN [2024] NZDT 701 (4 July 2024) [pdf, 101 KB]

    ...Fencing Act 1978 does not apply. Is OX entitled to any or all of the sum claimed? 13. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been in had the contract been performed. When assessing losses from a breach of contract, it is necessary that the losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 14. OX claims $1,518.00, which is the sum he paid to a...