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1. BW v HN [2024] NZDT 296 (30 April 2024) [pdf, 91 KB]

   ...the balance of probabilities that HN is responsible for the claim. 7. For these reasons the second issue need not be determined, and the claim is dismissed. Referee: K Rendall Date: 30 April 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. TT v CT & QT [2024] NZDT 419 (28 May 2024) [pdf, 172 KB]

   ...of the personal property to the Applicant (excluding the specific items) and now, with me dismissing the balance of the claim relating to the specific items. Referee: A Chand Date: 28th 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...

3. HX v RC [2019] NZDT 1215 (17 May 2019) [pdf, 159 KB]

   ...at settlement in October 2015, some of which has since been paid to City Council and some of which is not yet due. Issues [4] The issues to determine are: • Was the Home Programme information disclosed to Mr HX prior to the contract being formed? • Is Mr RC in breach of the vendor’s warranty at clause 6.2(3) of the sale and purchase agreement? • Is Mr RC in breach of the vendor’s warranty at clause 6.1(1) of the sale and purchase agreement? Was the Home Programme...

4. IT v LL [2023] NZDT 620 (2 November 2023) [pdf, 172 KB]

   ...successful. CI0301_CIV_DCDT_Order Page 2 of 3 13. For these reasons the claim is dismissed and no order for enforcement is made. Referee: K Johnson Date: 02 November 2023 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...

5. 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...

6. 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...

7. 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).

8. 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...

9. 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...

10. 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...