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  1. CO v B Ltd & Q Ltd [2024] NZDT 718 (16 September 2024) [pdf, 126 KB]

    ...scratches and marks on the van for which photographic evidence has been provided (items (c) – (i) above) as category B. I am satisfied from the photos that these scratches and dents were not properly disclosed to CO when he specifically asked for information on any dents and scratches, and amounted to a misrepresentation. 9. Q Ltd argues that the scratches and dents in category B should be considered wear and tear. However, while it is possible that they may be considered as such if...

  2. Holden & Anor as Trustees of the Estate of Bruce Morris v Hanns [2010] NZWHT Wellington 23 [pdf, 432 KB]

    ...it will need to be properly rebuilt to avoid future damage. Inter-Storey Sill [70] The assessor showed that the inter-storey sill has not been constructed as designed. There is a steel beam across the elevation and timber framing beam forming a lintel for the living room joinery. The timber beam is heavily decayed. [71] Decay was found on the north elevation to the right of the entrance door showing decay to the framing and corrosion to the fixing plate. Removal of...

  3. List of offenders awarded compensation A-E

    If you‘re a victim of an offender named in a notice of payment into the Victims’ Claims Trust Account, you may be entitled to make a claim against the money awarded to the offender. Notice of end of process for making and determining victims’ claims Notice of payment into Victims’ Claims Trust Account This is the current list of offenders that have been awarded compensation - surnames A-E: Daniel Philip DIACK AKA Daniel Philip DLOCK   Daniel Philip DIACK AKA Daniel Philip DLOC...

  4. 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...

  5. 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...

  6. 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...

  7. 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...

  8. What happens at a hearing

    On this page: Hearing location Who should attend the hearing Who can give evidence Evidence that can be presented What happens at the hearing What you should bring to the hearing Requests for adjournments Hearings are held in public and usually take 1 to 2 hours, depending on how complex the case is. The Tribunal also has the power to hear cases on the papers. If all parties agree to this process then that means you do not have to attend a formal hearing in a courtroom and the Tribunal c...

  9. H Ltd v MN & KN [2023] NZDT 656 (8 November 2023) [pdf, 309 KB]

    ...Therefore it is necessary to consider whether a new grounds for termination were available when Mr & Mrs N issued the notice to terminate on 10 April. Was the termination on 10 April lawful? 45. The termination letter states: We regret to inform you that your Contract Milking Agreement with MN and KN is terminated effective upon receipt of this letter for the following reasons: Failure to provide water to livestock Failure to milk all cows as agreed Effluent manag...

  10. 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...