Search Results

1. 204w-Application-for-attachment-order.pdf [pdf, 402 KB]

   MOJ 204 October 2024 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt 0800 233 222 PAGE 1 OF 9 When should I use this form? This form lets you apply to recover a judgment debt directly from the judgment debtor’s income. Use this form if all the following apply: • you are either the judgment creditor or the judgment debtor. • the money owed in a judgment or court order has not been paid. • you are able to provide information set out in Section A, suc...

2. Form-204w-Application-for-an-attachment-order-FINAL-9-December-2024.pdf [pdf, 448 KB]

   MOJ 204 October 2024 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt 0800 233 222 PAGE 1 OF 9 When should I use this form? This form lets you apply to recover a judgment debt directly from the judgment debtor’s income. Use this form if all the following apply: • you are either the judgment creditor or the judgment debtor. • the money owed in a judgment or court order has not been paid. • you are able to provide information set out in Section A, suc...

3. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...bucket of [Product 2] on site, it is likely that the Cedar cladding has not been coated with [Product 1] as specified, but in fact has been coated in [Product 2]. 11. The report included photographs of the cladding, showing the product used has formed a film on the surface of the timber, and that it has a satin finish. Neither characteristic is consistent with [Product 1], which penetrates into the timber. 12. Between hearings, TL obtained a technical analysis off three paint sam...

4. BD v B Ltd [2024] NZDT 455 (6 June 2024) [pdf, 193 KB]

   ...amount claimed proved and reasonable? Did B Ltd carry out the services it provided to BD regarding the Machine with reasonable skill and care? 4. The Consumer Guarantees Act 1993 (“the CGA”) applies to the contract of services that was formed when BD engaged B Ltd to repair the Machine. The CGA implies various guarantees into a contract of services between suppliers and consumers, including that the services will be carried out with reasonable care and skill (s28 of the CGA).

5. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...hearing by telephone conference but when CH was phoned he did not respond. 2. The absence of a respondent does not prevent the hearing from proceeding. 3. On 27 June 2024, TU purchased a second hand fridge from CH through [an online selling platform]. 4. TU paid $350.00 for the fridge. 5. The fridge frosted over repeatedly and destroyed a large amount of food. 6. TU rang CH with requested to have the fridge fixed, however, CH offered a replacement. 7. TU took the fault...

6. Wellington Standards Committee v Hirschfeld [2014] NZLCDT 48 [pdf, 144 KB]

   ...limited figures of $1,368 of $295,000, it must be recognised that this is a very small error rate. It does not justify the description given by Mr Gudsell of “an inherently flawed invoicing system”. [46] Although there were a number of different forms of errors made by Mr Hirschfeld, mostly they arose from his method of time recording and invoicing. There is no evidence to suggest any deliberate pattern of cheating the system or any other intentional wrongdoing. 12...

7. Taueki v Horowhenua District Council - Horowhenua 11 (Lake) block (2016) 354 Aotea MB 21 (354 AOT 21) [pdf, 178 KB]

   ...heard argument on 17 September 2015. I reserved leave for further submissions to be filed. Submissions were filed on behalf of the Council on 12 October 2015 and by Mr Taueki on 13 October 2015. I regret the delay in the issue of this decision. The claims and relevant procedural history [7] The claims about which it is said that Mr Taueki lacks standing are as follows: 1 l. The passing of drains through the 1 chain strip and the dewatered area, together with the discharge of draina...

8. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [pdf, 130 KB]

   ...ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] Mr ER paid $6737.00 in fees to study a course in web development at UI Ltd. He signed an ‘application/enrolment’ form on 17 April 2015 and the course commenced on 11 May 2015. [2] Mr ER asked to withdraw from the course on 22 May 2015, 11 days after the course started. The enrolment form includes a ‘withdrawal and refund policy; as per the Education Ac...

9. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

   ...While I have dismissed the claim, I do record that the representative from N Ltd offered to assist the Applicant by facilitating communication with N Ltd China. Referee: G.M. Taylor Date: 3 August 2021 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...

10. Council v HL [2020] NZDT1493 (27 February 2020) [pdf, 185 KB]

    ...requires all drivers to take all reasonable care to ensure that their actions or omissions do not cause harm to those persons they can reasonably foresee could be harmed by their actions or omissions. 5. The standard of care that drivers must conform to is that of the reasonable and prudent driver. This is an objective standard that does not take into account the weaknesses or idiosyncrasies of the person whose conduct is in question. 6. It is clear that HL did not meet this obj...