Search Results

1. 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...

2. 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if the contract had been performed the applicants would be in possession of an elderly inset fire box and flue with an out of date wooden mantel in reasonable working order. 23.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...

3. 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...

4. IX v J Ltd [2025] NZDT 23 (09 April 2025) [pdf, 97 KB]

   ...this for the following reasons: - The same day as IX took possession of the vehicle a warning light engaged. - A pre-inspection was conducted by an organisation recommended by J Ltd this revealed there was water around the battery. J Ltd informed IX this was due to the vehicle being washed. However, IX took the car for a service shortly after taking CI0301_CIV_DCDT_Order Page 2 of 3 possession of it and was advised there was a ‘damp round engine tray’ and the source of th...

5. LF v JN & Ors [2024] NZDT 354 (7 May 2024) [pdf, 208 KB]

   ...artwork] are not there now. 9. Having considered this matter and all of the evidence provided I do not consider that a contract existed in this case between JN and LF. 10. Both JN and LF said the arrangement for storing [the artwork] was an informal one between friends. There was no payment and no written agreement, although LF says he gave JN a koha each year of some Dutch liquorice that JN enjoys to say thank you for storing [the artwork]. 11. A legal obligation arises und...

6. Hill v Whimp [pdf, 158 KB]

   ...the question of quantum would be put aside at that stage and that I was to give my determination only on the question of liability, with the parties then deciding what steps might follow that decision. Accordingly Mr Taylor’s evidence has not formed part of this determination. [8] It should also be recorded that at the hearing I obtained the consent of the parties to a reasonable extension to the timing of the completion of this determination, pursuant to s 40(1)(b) of the Act....

7. SR v SP [2020] NZDT 1424 (28 July 2020) [pdf, 200 KB]

   ...12. The parties agreed $135.00 was a fair amount for a bale of lucerne. The amount that I find is reasonable is $8505.00 being 63 bales at $135.00 for each bale. Referee: C Murphy Date: 28 July 2020 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. SU v G Ltd [2024] NZDT 259 (6 March 2024) [pdf, 111 KB]

   ...stress on the new part which caused it to fail after only 2 years and 9 months of use. TT acknowledges that the 2020 Element failed prematurely and ought to have lasted longer than it did. 12. Having carefully considered the available evidence and information, and having heard from the parties, I find that SU has proved on the balance of probabilities that the 2020 Element was not of acceptable quality, but he has not proved on the balance of probabilities that the Cooktop was not of...

9. JD v ACC (Leave to Appeal to the High Court) [2024] NZACC 62 [pdf, 210 KB]

   ...is an application for leave to appeal against a judgment of Her Honour, Judge Henare, delivered on 12 December 2023.1 At issue in the appeal were the applicant’s head injury and entitlement to weekly compensation for incapacity dating back to claims in March 1996 and February 2008. The Court dismissed the appeal, for the reasons outlined below. 1 JD v Accident Compensation Corporation [2023] NZACC 202. 2 Background [2] The applicant was granted cover for contusions...

10. XG v B Ltd & EH [2024] NZDT 733 (21 September 2024) [pdf, 114 KB]

    ...and is not intended to be a full record of the hearings or of the evidence presented. Was asphalting done with reasonable care and skill, and is the asphalt driveway of acceptable quality? 7. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms which they intend to be legally binding. Contracts often have both express terms agreed between parties, and implied terms. The Consumer Guarantees Act 1993 (“CGA”) implies minim...