Search Results

1. DS & ES v KE & X Ltd [2024] NZDT 767 (8 October 2024) [pdf, 99 KB]

   ...matter was heard before in via an in-person hearing at the request of the parties so that I could use the photo taken by DS and compare it with the Respondent to determine likeness as the identity of the driver is in question. 17. Given the information, I find that I cannot confirm that it was the Respondent who was the driver of the vehicle. Having viewed the photo and the Respondent in person and compared to the photo of the Respondent on his driver’s licence, I cannot confirm t...

2. BN & NP v NT [2024] NZDT 316 (6 May 2024) [pdf, 237 KB]

   ...Further comments include: “At some stage the accessway has also been widened to allow for vehicles passing. This has resulted in an increase in low permeable area, and the grass swales have been flattened and filled with limestone, altering the performance of the stormwater controls.” 30. Of particular note, the Conclusions and recommendations section of the report of 03 August 2023 states: “Due to the nature of the site some stormwater run off is to be expected. However, we be...

3. Compensation Guidelines for Wrongful Conviction and Imprisonment - Including Home Detention and Military Detention [pdf, 288 KB]

   ...extended to military detention, when imposed by the Court Martial. 8. I also propose that extension of the scheme should be backdated to 2007 for home detention (when that sentence was introduced) and to 2009 for military detention (when significant reforms to the military justice system came into force). 9. Including home detention and military detention is likely to result in a very small number of additional, successful claims – about 1 successful claim every 2-3 years for futur...

4. KH & KX v MX [2022] NZDT 63 (5 June 2022) [pdf, 112 KB]

   ...Commercial Law Act 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 8. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation w...

5. F Ltd v O Ltd [2023] NZDT 374 (28 July 2023) [pdf, 117 KB]

   ...work at all. He rejected the suggestion the two of them had ever been friends. He later said that BQ had come to his premises to drink kava, and on that occasion did some work on some light fittings. That work took at most about an hour and was performed while drinking kava in between. 5. BQ, as the applicant, bears the burden of proving his claim on the balance of probabilities. It needs to be ‘more likely than not’ that his version of events is true. 6. BQ acknowledged that...

6. H Ltd v QH [2023] NZDT 771 (14 December 2023) [pdf, 149 KB]

   ...has paid $9,600.00, as it forgot to account for the $1,000.00 garage deduction when calculating payment. In other words, it has paid more than I have calculated. However, as the amount paid is less that the original budget, and because U Ltd has not formally counterclaimed for a refund, no further adjustment is required. Referee: J P Smith Date: 14 December 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe...

7. 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...

8. Reweti - Part Waikoukou No 406 (2015) 96 Taitokerau MB 231 (96 TTK 231) [pdf, 259 KB]

   ...Native Land Court awarded the Waikoukou block to Paora Tuhaere and Wiremu Reweti Te Whenua. [3] Between 1884 and 1908, parts of the Waikoukou block were gifted to (and later taken by) the Crown for railway purposes. This includes the land now forming Lot 1 and 2. Following the corporatisation of New Zealand Railways, Lot 1 and 2 were declared to be surplus Crown land. In 2001 Lot 1 and 2 were vested back into Paora and Wiremu as the original owners. [4] Applications have now bee...

9. 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

10. 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...