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1. H Ltd NB v QU [2023] NZDT 344 (14 July 2023) [pdf, 195 KB]

   ...$12,906.00 as described in paragraph 12, namely $10,324.80 and b. QU is entitled to 20% of his loss identified at paragraph 13 of $8970.00, namely $1794.00. Referee: G.M. Taylor Date: 14 July 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 rehe...

2. Ambridge v Accident Compensation Corporation [2023] NZACC 198 [pdf, 240 KB]

   ...Held at: Wellington/Whanganui-a-tara by AVL Appearances: R Ambridge for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 6 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal (physical) injury - s 26, Accident Compensation Act 2001 (“the 2001 Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 29 August 2022. The Reviewer quashed the Corporation’s decision...

3. Cooper v Wellington City Council [pdf, 237 KB]

   CLAIM NO: 2171 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN AVIS COOPER Claimant AND WELLINGTON CITY COUNCIL First Respondent AND R & I KENNEDY LIMITED Second Respondent AND R TE ONE ASSOCIATES LIMITED Third Respondent AND No Fourth Respondent Master Build Services Limited having been struck out AND TREVOR GASKIN Fifth Respondent AND No Sixth Respondent CSR Building...

4. N Ltd v K Ltd [2021] NZDT 1559 (8 September 2021) [pdf, 94 KB]

   ...representations. Is N Ltd entitled to damages and if so, how much? 11. The Tribunal may make an Order for the seller to pay to buyer the amount of the loss or damage (S.43(3)(f) FTA). The onus lies with the applicant to prove the losses. 12. N Ltd has claimed: $5,000 for the difference in value between a vehicle capable of carrying 13 fare paying passengers and one capable of carrying 12 fare paying passengers; $2,000 for losses associated with the inability to carry a 13th passen...

5. Form 56 Application for warrant to seize property [pdf, 385 KB]

   PAGE 1 OF 8 When should I use this form? This form lets you apply for a warrant that will enable a bailiff to seize and sell property belonging to the judgment debtor to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you can provide an address for the judgment debtor or you have been advised that the Ministry of Justice has found a confidential address. • Yo...

6. DI v Trustee X [2022] NZDT 114 (8 August 2022) [pdf, 125 KB]

   ...director of the company. The sum was advanced to the Trust as a loan and deposited by their solicitor directly to the Trust’s account on 12 January 2009. 2. BK and ON were married in April 2007 and separated in April 2018. The Q Trust was formed in 2008 with Trustee X operating as the independent trustee since its inception. 3. In October 2021 CJ and DI made a demand for the repayment of the loan of $20,000. CJ said he and his wife had for many years loaned money to their ch...

7. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...inconvenience to The Applicant. The Respondent is to collect the failed washing machine or pay The Applicant $250.00 to organise disposal herself. Referee: L. Mueller Date: 31 May 2021 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...

8. NE & SE v JI [2023] NZDT 661 (31 October 2023) [pdf, 260 KB]

   ...vendor’s plumber must have noticed that the roofing paper was severely degraded on either side of the repair site and must have been aware there were wider issues with the roof. They believe the plumber and vendor had a duty to disclose this information, but turned a blind eye, and that the plumber’s work was negligent. The report from the contractor who replaced CI0301_CIV_DCDT_Order Page 3 of 4 the roof says there was no ‘change of pitch’ flashing and the roof was “no...

9. DN v B Ltd [2024] NZDT 248 (4 April 2024) [pdf, 180 KB]

   ...costs. The claim is not frivolous or vexatious nor has any party unnecessarily prolonged the proceedings. On this basis the claim for costs is dismissed. Referee: Nigel Wolland Date: 4 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...

10. OQ & TT v N Ltd [2024] NZDT 276 (16 May 2024) [pdf, 179 KB]

    ...reasonable care and skill. 5. I find that N Ltd did not manage the flight with reasonable care and skill. I make this finding for the following reasons: CI0301_CIV_DCDT_Order Page 2 of 3 a) It was a term of the contract that N Ltd would inform OQ “as soon as reasonably possible if the airline needs to make a significant change to your confirmed flights or to cancel them”. OQ was not told of the flight change. N Ltd became aware of the flight change at least 3 months before...