Search Results

1. UD v TT [2025] NZDT 5 (9 April 2025) [pdf, 136 KB]

   ...($11,869.09 to write off the car based on a pre-accident value of $13,000.00 and a wreck value of $2,901.87). B Ltd has therefore claimed the lesser amount of $10,829.57 which would have been the cost had the car been repaired. 18. TT took the information provided by B Ltd to a local mechanic who suggested that the pre-accident value of UD’s car would be around $6,500 to $8,900.00, and that therefore the amount claimed was too high. 19. However, B Ltd have provided a valuation o...

2. Reid v Accident Compensation Corporation [2023] NZACC 194 [pdf, 254 KB]

   ...of a vehicle. The tow bar, additional boot space and four-wheel drive were not essential injury-related features. Ms Balkiwill also confirmed that: I have reviewed the models that are included in the assessors report taking into account the requested feature above which are not essential, or where the need can be met via an alternate solution. I can confirm that the ACC contribution of $17,778 minus the client's value of her current vehicle would fund a range of vehicles wh...

3. Bonner v Accident Compensation Corporation (Claims Process) [2024] NZACC 90 [pdf, 164 KB]

   ...Held at: Wellington by AVL Appearances: The Appellant is self-represented B Marten and S Stewart for the Accident Compensation Corporation (“the Corporation”) Judgment: 28 May 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process, Accident Compensation Act 1982 and Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 August 2023. The Reviewer dismissed an application for review

4. DM Ltd v H Ltd [2024] NZDT 172 (26 March 2024) [pdf, 227 KB]

   ...provided by P Ltd, and/or its agents, appeared to show that net rents were approximately $5,000 per annum higher than the true position. The Real Estate Agent for the sale was CC, an employee of H Ltd, who was implicated in the provision of the information to DM Ltd. 3. On 2 November 2021, DM Ltd applied to the Tribunal seeking recovery of its losses from P Ltd. Losses arose when DM Ltd overpaid for the property based on the disclosures made about the rental yields. The assumed val...

5. LB v VB Ltd [2022] NZDT 123 (25 August 2022) [pdf, 106 KB]

   ...finance of $39,000 from NUG. The balance of the purchase price of $30,000 was noted on the sale document as being paid in cash, however LB claims he did not pay that amount and was to pay it off in instalments directly to VB Ltd. This arrangement was informal and is not recorded on any paperwork. 2. LB claims that after he had possession of the vehicle for approximately 6 months, he was pulled over by the Police and was told the vehicle was stolen. The matter was then investigated...

6. FH v UO Ltd [2023] NZDT 16 (25 February 2023) [pdf, 193 KB]

   ...Reasons 1. In 2021, FH bought tickets for a Guns n Roses concert from UO Ltd for $570.00. The concert was originally to be held in November 2021 but was postponed because of the Covid pandemic. The new date was 8 December 2022. FH had been informed by UO Ltd that she had a credit for the new date. In October 2022, FH tried to get her new tickets. They were not recorded on her account, and despite numerous attempts to contact UO Ltd, the company failed to respond. The date for the co

7. LI Ltd v OZ [2022] NZDT 34 (30 March 2022) [pdf, 202 KB]

   ...was unexpected, and the resultant impact was unavoidable. 10. For these reasons the claim is dismissed, and I have not discussed the other issues. Referee: N Gold Date: 30 March 2022 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. BD Ltd v N Ltd [2023] NZDT 165 (27 June 2023) [pdf, 92 KB]

   ...two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. A promise or agreement is not legally binding and enforceable as a contract unless the requirements for contract formation, including certainty of agreement, and consideration, are satisfied. In this claim, I find certainty of agreement and consideration were not satisfied. 7. I have considered the submissions and evidence presented by both parties. Timi...

9. DK Ltd v UT [2024] NZDT 338 (23 May 2024) [pdf, 91 KB]

   ...as best as he could recall with respect to this discussion, but I do not consider it supported, to any significant degree, the applicant’s version of what happened. 7) If there was no agreement to the level of a contract, even if verbal and informal, I need to also consider whether, for the purposes of the law of quasi-contract, there could be said to have been, objectively, a reasonable expectation by the applicant that he would be compensated for storage. Whilst the applicant migh...

10. B Ltd v IX [2019] NZDT 1392 (6 September 2019) [pdf, 213 KB]

    ...time. If she is not in a position to do so, she should contact the company to make a mutually acceptable payment arrangement. Referee: J Robertshawe Date: 6 September 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to a...