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1. KH v BG [2024] NZDT 464 (29 May 2024) [pdf, 181 KB]

   ...9. For the reasons set out in para (4) of this order, BG is not a personal guarantor and does not owe KH $2,326.66 in legal costs. The claim is dismissed. Referee: K O’Shea Date: 29 May 2024 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 rehe

2. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

   ...Occupy Site 1 was issued to that person. 9. ETL lodged a claim with the Disputes Tribunal seeking $15,000 (now increased to $30,000) for loss of income from Site 1. 10. District Council defends the claim on the basis that a contract had not been formed with ETL because a fresh Licence or a variation of ETL’s existing Licence had not been processed for ETL to occupy Site 1 instead of Site 2. District Council argued that even if a contract had been formed, District Council dispute...

3. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

   ...NZEmpC 148 at [117]. 2 JP Morgan Chase Bank, N.A. v Lewis (also cited as JP Morgan Chase Bank NA v Lewis) [2015] NZCA 255. 3 Lewis v JP Morgan Chase Bank, N.A. [2013] NZERA Auckland 18. [3] The defendant’s submissions in support of its claims for costs against the plaintiff Robert Lewis are lengthy and comprehensive. [4] First, the defendant JPMorgan Chase Bank, N.A. (the Bank or JPMorgan) says that in view of its success in the Court of Appeal, Mr Lewis should pay it...

4. Body Corporate 180379 and Unit Owners of Fox Terrace Apartments v Auckland Council procedural order [pdf, 40 KB]

   ...Council in respect of Unit F is not statute barred. They say that the multi unit claim which incorporated the 12 existing claims is effectively one claim filed on one date, and not a series of different claims being dealt with together. Unit F forms part of this one claim and therefore cannot be separately statute barred. 10. It is the view of the Tribunal that the provision in the 2006 Act allowing representative claims in respect of multi-unit complexes to be brought is...

5. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...prior to the accident which happened on 21 June 2021. On 5 June 2021, the vet notes that Noah is an “older dog, appetite a little picky of late, a bit reluctant to eat the biscuit senior … a bit stiff on back leg intermittently … some cataract formation …. Does bump into glass doors at night …. Discuss geriatric blood screen soonish”. Four days after the accident the vet said “Noah is ambulating ok for his usual arthritic age”. 21. The evidence from the vet shows that No...

6. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...rent means that over the three year term of the Smailes' lease the plaintiff received $13,876.98 plus GST less than under the former lease. The plaintiff attributes this reduction in rent to breaches of covenant by the defendants and this forms the basis for the claim. Hearing of Application A judicial conference between the parties was held on 27 July 2000. This dealt with procedural matters. The application was then set down for hearing on 30 November 2000 and is recorded a...

7. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

   ...to the court under any enactment $540 $702 3 Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table $1,350 $1,755 4 Filing a statement of claim between defendants $110 $143 5 Filing an amended statement of claim $110 $143 6 Interlocutory application (a) without notice (b) on notice relating to a proceeding to which item 2, 3, 46 or 48 applies (c) with notice (a) $200 (b) $...

8. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

   ...provided in July to August 2022 in relation to the fire aspects of a Council Notice to Fix a three-storey building at [Address]. NC is the owner or trustee owner of the building, and B Ltd claims that it was initially instructed by her agent, BD. BD informed B Ltd on 28 July 2022 that his agency had been terminated, but B Ltd claims to have done some further work in following days dealing with NC’s nephew NN, who is an architect. 2. The issues to be determined are: a) Was B Ltd engag...

9. CEIT Annual Report 2022 [pdf, 446 KB]

   ...policy. The effect of conditional settlement agreements [36] An insurer and homeowner had agreed to a settlement with conditions allowing for an additional payment should enhanced foundations be required once the rebuild was underway. The homeowner requested, and the insurer granted four extensions to complete the foundation assessment. A fifth request for an extension was declined, and the homeowner applied to the Tribunal. The Tribunal found that the insurer was not required to g...

10. UX v J Ltd [2023] NZDT 105 (16 March 2023) [pdf, 204 KB]

    ...orderliness of UX’s farm workshop area. (g) I have considered the evidence given orally at the hearing by SC, one of J Ltd’s customers who has had three UTV machines on his farm, two of which are currently still in use. SC said that the machines had performed well for him, and in his opinion were superior to similar machines of other brands in respect of brakes, wheel bearings and ball joints. However, I have to make my decision in respect of the evidence relating to the failures with...