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  1. BX v PN Ltd & NN Ltd [2021] NZDT 1575 (5 August 2021) [pdf, 215 KB]

    ...refund of the purchase price plus freight costs, and compensation for loss of use of the boat. Both parties attended the hearing. Mr T represented NN Ltd. It is noted that the company PN Ltd is not relevant to these proceedings. That company was not formed until after the sale to BX, and it was named in these proceedings in error. Findings 9. The relevant law is the Consumer Guarantees Act 1993 (“CGA”). 10. Section 6 CGA states that where goods are supplied to a consumer...

  2. RK v KS [2021] NZDT 1349 (20 April 2021) [pdf, 224 KB]

    ...then reinforce the position of buyer beware in private sales, except in limited circumstances. 7. There is, however, relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or CI0301_CIV_DCDT_Order Page 2 of 4 fraudulent, that person is entitled to damages as if the representation wer...

  3. MU v GB [2024] NZDT 189 (14 March 2024) [pdf, 160 KB]

    ...delivering the car to MU after he won the auction? c) If so, what is MU’s remedy? CI0301_CIV_DCDT_Order Page 2 of 4 Did MU have an enforceable contract with GB for the sale of the [vehicle]? 6. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. 7. Part 3 of the Contract and Commercial Law Act 2017 (CCLA) deals with the sale of goods....

  4. OB v BB [2023] NZDT 33 (7 February 2023) [pdf, 142 KB]

    ...4. The driver of a third car, TT, stopped and spoke to the parties after the collision. 5. OB and X Ltd claim the $4327.39 cost of repairs to OB’s car. BB had wished to bring a counter- claim for her damages but did not realise this required a formal lodging of a claim for her $2585.50 costs of repair, and so did not do so in the adjournment period. The parties agreed that this would be dealt with by way of a liability finding in respect of either driver first, then an adjournment for

  5. TU v TG Ltd & SC [2024] NZDT 481 (19 June 2024) [pdf, 103 KB]

    ...dismissed since no basis has been established for personal liability. Referee: E Paton-Simpson Date: 19 June 2024 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 reh...

  6. CN v UT & ST [2025] NZDT 30 (10 April 2025) [pdf, 166 KB]

    ...immigrated to New Zealand in 2019, he worked for ST as a chef. 13. The written evidence around the circumstances of CN’s payment of $10,600 is understandably limited given that CN and ST were friends at that time and their arrangements were informal. I must make a decision based on the evidence that is available to me. 14. My finding is that it is more likely than not that this payment was reimbursement to ST rather than a loan to him. 15. There is sufficient evidence to s...

  7. NK v ND [2023] NZDT 754 (7 December 2023) [pdf, 183 KB]

    ...against ND Result of application for rehearing: Rehearing Refused The Order of 5 September 2023 stands. Reasons for decision: 1. NK filed a rehearing application on 28 September 2023, dated 22 September 2023, saying he was not informed of the hearing date and had to do the hearing in his car without his notes or documents relating to the case and because of this there was confusion about the amount ND had paid him and then owed. He maintained the original price for...

  8. WC v HM [2023] NZDT 486 (2 October 2023) [pdf, 173 KB]

    ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 486 APPLICANT WC RESPONDENT HM The Tribunal orders: The claim is dismissed. Reasons: 1. When WC moved in with her partner at [address] in February 2022, she formed a bond with a young white and ginger tabby tom cat who regularly visited her. She called him P and said the window was left open for him to come and go as he pleased. Most nights he slept in her bed. A notice was placed on the com...

  9. Form-42_Civil_Victims-Order.pdf [pdf, 248 KB]

    Version 21 – October 2023 page 1 10/23 form 42 Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from...

  10. LN v B Ltd [2023] NZDT 717 (4 December 2023) [pdf, 169 KB]

    ...that she would not be entitled to a refund in any circumstances. That clause may not be enforceable however there is another clause headed ‘Force Majeure’ which states that the respondent will not be liable or responsible for any failure to perform or delay in performance of any obligations that is caused by events outside its reasonable control. The New Zealand Government’s response to Covid and the resulting mandates was outside the control of the respondent. I could not order a...