Search Results

1. MD Ltd v UB [2017] NZDT 1483 (12 February 2018) [pdf, 96 KB]

   ...required under CCCFA s 17? b) Did MD comply with the lender responsibility principles? c) What sum, if any, is payable? Has MD made the disclosure required under CCCFA s 17? 4. CCCFA s 17 requires a creditor to ensure that the applicable key information set out in CCCFA Schedule 1 is disclosed to the debtor before a consumer credit contract is entered into. CCCFA s 99 prohibits the creditor from enforcing a consumer credit contract before the required disclosure has been made. 5....

2. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...grounds for the applicant to cancel the contract. Furthermore, given the length of time it has taken for the parties to get to this outcome, I hope this brings some closure. Referee: Date: 30 May 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 re...

3. QU v LG [2023] NZDT 775 (18 December 2023) [pdf, 194 KB]

   ...lame’. QU believes this is evidence that [The horse] was not suitable for show jumping on 6 January 2022. LG’s view is that mechanical lameness does not prevent a horse from show jumping, rather that is a description of a gait that does not conform to the usual but is not associated with any pain. I prefer LG’s view for the following reasons: a. It is supported by the description of mechanical lameness in the online MSD Veterinary Manual. b. It is consistent with the [Veter...

4. TN v N Ltd [2023] NZDT 596 (23 November 2023) [pdf, 149 KB]

   ...authorised third parties must not attempt to repair the product. Examples of faults which are not included in the warranty Damage caused by water seepage from using a high pressure washer or from being submerged underwater, for example when heavy rain forms pools of water damage. Damage caused by lightning damage Damage caused by improper battery storage or battery handling damage caused by using a battery that is not [lawn mover] original battery damage. Damage caused by not using [l...

5. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

   ...to be determined were as follows: a. Did the Respondent cause the damage as alleged? b. If so, then what is an appropriate amount to be paid by way of compensation? Did the Respondent cause the damage as alleged? 4. A person in trade performing work on a car for a customer owes a duty, whether in contract or the general law of tort, not to damage the car being worked upon. It might also be a breach of the Consumer Guarantees Act 1993. However, in a Tribunal or Court hearing ab...

6. HE v QZ [2023] NZDT 372 (18 January 2023) [pdf, 211 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 a. The job progressed satisfactorily in 2018. The slab and foundation were signed off by the local council. The framing was also signed off after some remedial work. b. In or around December 2018, HE’s architect, Mr N, informed him that there would be changes to the plan. c. When he returned to the site in January 2019 he found that an internal wall had been built in the garage by unknown persons. d. He carried out only minor work in...

7. HT v Q Ltd [2024] NZDT 337 (7 May 2024) [pdf, 133 KB]

   ...photo of HT from his phone to use for the real time ID process, and then tried to log in to his account. HT says he should not have been terminated by VX because he was not involved in this fraud. 12. Q Ltd says it took into account all of the information submitted by HT, and made multiple reviews of its original decision to terminate the account when requested by HT. It says however that each time it reviewed the matter the original decision to terminate HT’s account was confirmed....

8. GM v D Ltd [2024] NZDT 583 (13 September 2024) [pdf, 194 KB]

   ...APPLICANT GM RESPONDENT D Ltd The Tribunal orders: The claim is dismissed. Reasons 1. GM purchased a [dress] from D Ltd in October 2023. She wore the dress for a very short time and noticed a significant tear along a seam. She informed D Ltd and the dress was replaced along with a $100 voucher. 2. The replacement dress arrived in January 2024 and was removed from its packaging and hung in a wardrobe. While getting ready for an occasion in February 2024 she n...

9. [2021] NZEmpC 104 Oliver v Biggs [pdf, 216 KB]

   ...quantum, I start with the 2B assessment undertaken by Mr Zindel. [32] The claim made for commencing the proceeding, two days, is excessive; it should be reduced to one. [33] Turning to the telephone directions conferences, 0.8 of a day is claimed for the preparation of memoranda for either the telephone directions conferences that did proceed or requests for adjournments which were dealt with on the papers. That claim is excessive. Nor do I agree with a claim for seven appea...

10. SS v SH [2022] NZDT 230 (29 November 2022) [pdf, 113 KB]

    ...the terms of the contract expressly clear. He should have spelled out to SS that $3,500.00 was only a starting figure, and that other costs could well result in a much greater total price; and, second, he should have ensured that he kept his client informed about the costs as they were incurred. For these reasons, I consider the full sum claimed of $5,000.00 is not reasonable, and I have reduced it by $2,000.00. [18] I consider it fair that SS should pay SH an additional $3,000.00. That...