Search Results

1. O Ltd v NH & OT [2024] NZDT 801 (11 October 2024) [pdf, 109 KB]

   ...O Ltd FIRST RESPONDENT NH SECOND RESPONDENT OT The Tribunal orders: NH and OT are jointly and severally liable to pay $308.04 to O Ltd on or before 15 November 2024. Reasons 1. NH engaged O Ltd, via the trades-platform, to attend to a faulty hot water cylinder at the premises of the OT. 2. BO of O Ltd attended the site, conducted tests, and replaced the thermostat on the cylinder, advising people present at the mosque to wait a short time to see if hot...

2. KT v D Ltd [2025] NZDT 141 (3 March 2025) [pdf, 146 KB]

   ...were done, and the ONT is now sitting on the floor of the lounge. CI0301_CIV_DCDT_Order Page 2 of 3 6. D Ltd was unable to produce the technician as a witness, because he has moved overseas. Instead, D Ltd placed reliance on a Scoping Form with what looks like part of KT’s signature on page 6. Page 4 of the form has a photo of the ONT held against the lounge wall by the technician, with the words “ont in lounge”. On this basis, D Ltd submitted that KT had agreed to the ON...

3. [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....

4. [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...

5. 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...

6. BC & others v QK [2023] NZDT 137 (5 June 2023) [pdf, 194 KB]

   ...caravan on the night of the purchase prior to paying for the caravan. 14. The strongest independent evidence available to the Tribunal are the messages between the parties. All that is required is that the statement will assist in persuading the formation of the contract in some way. Providing information about the caravan was a natural part of facilitating a sale. QK response was part of a negotiation. QK did state to SS in a message on 28 January at 8.19pm, “No leaks or rust…”....

7. O Ltd v TG [2025] NZDT 27 (28 January 2025) [pdf, 146 KB]

   ...$1100.00 is payable by O Ltd on the counterclaim. These amounts are set-off against each other, leaving an amount of $4472.90 that TG is liable to pay to O Ltd. Referee: J Perfect Date: 28 January 2025 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...

8. OC v N Ltd [2024] NZDT 409 (13 May 2024) [pdf, 207 KB]

   ...vehicle, the car had to be repaired. 4. OC claims that there was insufficient signage at the service station to alert her to the fact that this was not fuel and that is should not be placed in a petrol vehicle. She also stated that there was information missing from N Ltd’s website in relation to this product. 5. OC is seeking $1,060.00 to cover the cost of repairing the vehicle. 6. The issues the Tribunal has to consider are: a. Has N Ltd breached the Consumer Guarant...

9. UQ & XQ v B Ltd & BT [2023] NZDT 743 (8 December 2023) [pdf, 188 KB]

   ...under her policy. B Ltd therefore are obliged to pay UQ and XQ the amount claimed $4,704.15, as the remaining amount required to be paid by BT in damages. Referee: M Wilson Date: 8 December 2023 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 reh...

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...