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1. TQ & MQ v H Ltd [2024] NZDT 460 (19 June 2024) [pdf, 133 KB]

   ...infrastructure and to service growth in the long term. 8. TA, General Manager of H Ltd, stated a Development Contribution is not charged to all new builds, and that they were unaware it would be charged when this contract was entered into. However information provided by the Council and on their website states they can provide an estimate of the Development Contribution at the planning stage, and that the contribution is assessed when the Building Consent is granted. I therefore find t...

2. TU v EN & C Ltd [2024] NZDT 479 (28 May 2024) [pdf, 108 KB]

   ...provided, and in any event, such work would be the contractual responsibility of NI Ltd, and not EN personally. This part of the claim therefore does not succeed. Referee Perfect Date: 28 May 2024 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 r...

3. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...and MC was required, under the CGA, to give SH the opportunity to remedy the issues. He was unable to do so because of the damage done to the dentures by MC. Referee: R Merrett Date: 29 May 2020 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 re...

4. BC v ME & PI [2024] NZDT 186 (14 March 2024) [pdf, 211 KB]

   ...being a total of $7036.00. What were PI’s reasonable losses and who is liable to pay them? 24. For the reasons already outlined, PI’s claim is dismissed. Referee Perfect Date: 14 March 2024 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 re...

5. Ngāti Taimanawaiti Māori Incorporation - Lot 2 DP 29547 (9 Old North Road, Orewa) (2016) 135 Taitokerau MB 20 (135 TTK 20) [pdf, 196 KB]

   ...under review [8] On 4 May 2016, a Deputy Registrar wrote a letter to the applicants rejecting the injunction application. That letter states: 135 Taitokerau MB 22 Thank you for filing the above injunction application in our Auckland Information Office on 6 April 2016. Upon review of your application the following matters have been considered by the Court: (a) Does the Court have jurisdiction? (i) The land of which the injunction relates to is claimed as Lot 2 DP 2...

6. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...within 28 days. Reasons [1] MH claims that NB Ltd, represented by director EN, unsatisfactorily carried out repair work to her car, and claims $1,312.84 as compensation. EN denies liability. [2] MH’s case is set out in detail in her claim form. In summary, she said that she had taken the car in question, [the car], to NB Ltd’s premises on 15 March 2022, and had left it there with instructions that NB Ltd should install a new PCV valve, a new O2 sensor and windscreen wiper pivot...

7. SI & XQ v G Ltd [2022] NZDT 40 (14 February 2022) [pdf, 119 KB]

   ...so, what is the remedy and can the filing fee be recovered? What were the terms of the contract and was the contract frustrated? 4. There was no dispute that the terms of the contract agreed were set out in the client confirmation booking form of 14 January 2019. Nor was there any dispute that the terms provided that where the client cancels the contract deposits are non-refundable and where the cancellation is within 30 days of the event the full payment is not refundable....

8. [2021] NZACC 70 - Te Miha v ACC (29 April 2021) [pdf, 324 KB]

   ...appellant, Ms Te Miha suffered a treatment injury caused by lithium treatment prescribed in excess of 20 years. Ms Te Miha seeks cover for nephrogenic diabetes insipidus (NDI), nephrotoxicity and acute kidney injury. [2] The treatment injury claim form noted “likely long-term nephrotoxicity from lithium; possible diabetes insipidus secondary to lithium; and acute kidney injury/high Nat”.1 The claim was filed following three admissions of Ms Te Miha to hospital in 2017....

9. LCRO 130/2017 HS v NC and EH (18 September 2019) [pdf, 260 KB]

   ...September 2015. [5] Mr HS met with the practitioners the following day. They provided to him that day by email a letter of engagement accompanied by information on the principal aspects of client care and service, and terms of engagement. They requested “$1,000 plus GST” in advance of their fees which he paid.1 [6] Mr HS met with the practitioners again a week later, on 24 September 2015. At that meeting he raised with the practitioners his dispute with [hardware store], ab...

10. [2021] NZACC 29 - Van Essen v ACC (9 February 2021) [pdf, 196 KB]

    ...work from 6 July 2009 for 14 days. [11] On 16 July 2009, Dr Searle recorded “going well”. The appellant was pain free on examination. He concluded that the appellant was fit to return to normal work from 20 July 2009. [12] A further claim for cover was completed on 10 February 2011, when the appellant lifted a 20 kg bag of rubbish into a skip and felt pain in her left chest wall. A similar event is recorded on 8 December 2011, although on that occasion, the appellant h...