Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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....

6. 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...

7. [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....

8. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

   ...claim that the malfunctioning motor caused damage to his dinghy, so has not proven any consequential losses. 17. The sum payable is therefore $404.00. Referee: E Paton-Simpson Date: 7 June 2022 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...

9. DI v NI [2022] NZDT 251 (5 December 2022) [pdf, 214 KB]

   ...walls and two containers with door openings. They disagree that it gives them the value and benefit DI proposes it gives. 22. The Tenancy Tribunal pointed out that NI and TF own the property and at best DI had a licence to occupy. This was not formalised in a contract and gave NI and TF the legal right to end the licence to occupy at any time. CI0301_CIV_DCDT_Order Page 3 of 4 23. I acknowledge DI feels hurt and angry – he made that clear in the hearing. I am confident after

10. TN v HD [2023] NZDT 468 (16 August 2023) [pdf, 141 KB]

    ...Cadastral Survey Act 2002. The Disputes Tribunal has no jurisdiction under that Act. Outcome 23. The claim and counter-claim are dismissed. Referee: Nicholas Blake Date: 16 August 2023 Page 5 of 5 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 rehe...