Search Results

1. BG v SI Ltd [2022] NZDT 292 (15 December 2022) [pdf, 116 KB]

   ...under the Act. 10. This means that BG is not entitled to reject the system and obtain a refund of the price paid. BG claim is therefore dismissed. Referee: R Merrett Date: 15 December 2022 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. MS v L Ltd [2024] NZDT 284 (20 March 2024) [pdf, 171 KB]

   ...damage occurred some 9 months later. CI0301_CIV_DCDT_Order Page 2 of 3 Conclusion 8. For the reasons above MS’s claim is dismissed. Referee: Ms Gayatri Jaduram Date: 20 March 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 re...

3. LN v B Ltd [2024] NZDT 634 (15 November 2024) [pdf, 172 KB]

   ...because they clearly service commercial buildings a reasonable person would be aware the spaces are not for the general public to park in. 5. I have considered whether $396.55 is a reasonable cost. I am aware from numerous claims the cost to perform a private tow to the towing companies yard is more than a point-to-point tow. The tow company must cover the cost of insurance, storage the cost of monitoring the carparks. The amount charged is consistent with rates charged by other tow c...

4. ZQ Ltd v VN [2024] NZDT 673 (20 August 2024) [pdf, 212 KB]

   ...reconnecting the power would not cause a safety hazard. 8. I therefore conclude that the respondents are liable to pay $2,466.75 to the applicant. Referee: E Paton-Simpson Date: 20 August 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...

5. 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

6. 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...

7. KQ & LT v SG [2023] NZDT 287 (13 June 2023) [pdf, 234 KB]

   ...unwillingness to participate in the hearing process. 5. The Tribunal’s usual process of contact with a respondent also asks a respondent to provide details of any insurance cover they hold which may affect the claim. The Tribunal notes no information has been provided by SG. This is despite KQ and LT indicating there had been some initial discussion with SG’s insurer, but they say after initial contact there has been no further response or activity. 6. The Issues to be resolved...

8. ML Ltd & PQ v ST & NT [2024] NZDT 534 (1 October 2024) [pdf, 239 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

9. DQ v OR & SN [2024] NZDT 879 (19 August 2024) [pdf, 261 KB]

   ...the estate, and if so, how much? b. If so, is there any question of limitation that may prevent an order for payment of that debt now? Is DQ able to show that there is a debt owed to her by the estate, and if so, how much? 4. A loan is a form of contract. It does not need to be in writing to be enforceable. However, to create an enforceable agreement between the parties there must be a clear meeting of the minds, meaning that both parties intended that a legally binding relatio...

10. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

    ...[Performance Cleaners’] provision of information as follows: • The statement of problem also alleged Ms Chinan had characterised personal or fictitious expenses and had [Performance Cleaners] reimburse her the cost of those items. The Authority requested [Performance Cleaners] amend its statement of problem and quantify the claim. An amended statement of problem was furnished but the claim not quantified. Counsel then sought directions to have [Performance Cleaners] part...