Search Results

1. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

   ...(Strike-Out Application) [2017] NZHRRT 42.] 2 defendant is the daughter of Mr Damir De Polo who in 2006 was represented by Ms Rennie in proceedings in the Family Court. In those proceedings Mr De Polo sought a Protection Order against his former de facto partner, Mrs K Apostolakis, the plaintiff in the present proceedings. Ms Rennie was also acting for Mr De Polo in relationship property matters arising out of his relationship with Mrs Apostolakis. According to the statement of...

2. MD v O Ltd [2021] NZDT 1347 (27 January 2021) [pdf, 197 KB]

   ...liable to the contracting party (s 256, CCLA). The contracting party is (relevantly) the consignor (sender of the goods) who enters a contract with the carrier (s 246, CCLA). 10. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at...

3. ADH v ZWS [2011] NZDT 169 (28 June 2011) [pdf, 95 KB]

   ...Respondent, ZWS Limited, $625.00 (incl GST) within 7 days of the date of this Order. Facts [1] ADH required a website for his gardening business. ZWS Ltd agreed to develop a static website for ADH for $500.00 (incl GST). ADH subsequently requested that the site be changed to match flyers that he had had printed and agreed to a dynamic database-driven website design that would cost $2,270.00 (incl GST). On 9 April 2010 ADH gave ZWS Ltd three post-dated cheques of $700.00 e...

4. CQ and others v JT [2023] NZDT 744 (14 December 2023) [pdf, 224 KB]

   ...and in spite of the work done by the respondent to repair the fence, I find that there is not an adequate fence between the parties. I say this because: a. The fence does not run along the entire length of the boundary. b. The fence is not uniform in appearance or build. c. The posts are not firmly placed in the ground and the applicants’ evidence was that this would mean that the fence would become more unstable and fail over time. CI0301_CIV_DCDT_Order Page 3 of 5...

5. BX v QD & Ors [2024] NZDT 792 (29 November 2024) [pdf, 237 KB]

   ...would have seen the warning signs of the issues that have been found. 12. The final witness was Mr UX. UX stated he had been working on the property next door and noted what appeared to be a leak in the deck. He did not however approach the former occupant of the house. 13. The vendors were QD, KD, FC and BN Ltd, as trustees of the C Family Trust. The house however had been occupied by QD’s 94 year father, FC Snr. Mr FC Snr had been a sole trustee when the house was purchase...

6. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...recusal application: [5.1] A fair-minded lay observer would not apprehend that a failure to refer to a title meant that the Tribunal as presently made up would not bring an impartial mind to the case. [5.2] There is no logical connection between the claimed disregard of title and any feared deviation by the Tribunal as presently constituted from dealing with the case on the merits. [5.3] The applicant too lightly throws the bias ball in the air – if his second recusal application w...

7. ED Ltd v TQ Ltd [2023] NZDT 312 (27 July 2023) [pdf, 221 KB]

   ...they contacted TQ Ltd and were advised that, due to price inflation over the long period of delay and changes in availability of materials, the pricing of the job would increase to $34,949.40+GST. ED Ltd was of the view that TQ Ltd was obliged to perform the contract at the quoted price and gave TQ Ltd an opportunity to proceed on that basis. 3. TQ Ltd declined to proceed and ED Ltd proposed repayment of its deposit plus a sum for damages summarised as being equivalent to 10% interest p...

8. DC v T Ltd [2018] NZDT 1401 (7 May 2018) [pdf, 208 KB]

   ...“not sure” or was not convinced of whose signature it was. b. SZ is correct that in his capacity as shareholder JH would not have been in a position to bind the company. However JH had more than one capacity. He was listed in the Exposition, a formal document certifying certain important matters of safety and responsibility to the Civil Aviation Authority, as both the Flight Operations Manager, and the Check and Training Manager. As Flight Operations Manager, according to paragra...

9. WO v KU [2021] NZDT 1676 (20 December 2021) [pdf, 201 KB]

   ...not entitled to claim $18,087.00. Accordingly, the claim is dismissed. Referee: L Fuli 1 Balfour v Balfour [1919] 2 KB 571. CI0301_CIV_DCDT_Order Page 3 of 4 Date: 20 December 2021 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...

10. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

    ...service since it was purchased by the first owner. QX said the oil had been changed and he had done some routine checks, but accepted that there had not been a full service. There was some discussion about how often a full service should have been performed, and about the manufacturer’s guidelines for this. I do not consider that I need to make a finding on this because it was accepted that there had not been a full service of the motorhome at all since it was purchased new. 13. XN...