Search Results

1. 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...

2. 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....

3. 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

4. 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...

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. OIA-110237.pdf [pdf, 3.4 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz OIA 110237 3 July 2024 Ref: OIA 110237 Tēnā koe Official Information Act request: Judicial entitlements and expenses Thank you for your email of 3 March 2024 requesting, under the Official Information Act 1982 (OIA), information regarding judicial entitlements and expenses. Your request was as follows: First, can you...

7. [2015] NZEmpC 85 Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory [pdf, 181 KB]

   ...wages have been properly paid. [3] On 13 February 2015, the plaintiffs served on the defendant a notice requiring disclosure under reg 42 of the Employment Court Regulations 2000 (the Regulations). Disclosure of 19 categories of documents were requested. Only six of those categories are now in issue, the earlier categories having been dealt with by way of a verification order. The outstanding categories were described in this way: The charter agreement 14. All agreements, cont...

8. BF v QT [2023] NZDT 600 (30 October 2023) [pdf, 156 KB]

   ...paid by BF for the pool liner. Were the services provided with reasonable care and skill? 8. BF said initially Mr T’s maintenance of the pool was good, but it became very hard to get him to the property to replace the pool liner, or get much information from him about why. She said the liner was not ordered by him until July 2022, despite him quoting them and them accepting his quote in March 2022. BF said they paid $1,100.00 deposit for the liner in July 2022. CI0301_CIV_DCD...

9. [2023] NZEmpC 218 Carrington Resort Jade LP v Knight [pdf, 146 KB]

   ...defendant was entitled to costs and timetabled an exchange of submissions. On 16 November 2023, the defendant sought costs on a Category 2B basis amounting to $4,302.2 1 Carrington Resort Jade LP v Knight [2023] NZEmpC 198. 2 The amount claimed is less than the defendant’s actual costs. [3] In response, Mr Tan accepted that Category 2B applies but four propositions were advanced that: (a) Carrington had applied in good faith and, even though it was ultimately uns...

10. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [2010] NZWHT Wellington 17 [pdf, 108 KB]

    ...cost of remedial work and they nominated a builder, Mr Walmsey, who has a good reputation in the industry and whose expertise in remediation work was confirmed by the Assessor. The first offer was contained in a fax of 18 December. It included a request the claimants contribute $50,000. In the fax of 2 February no contribution was sought. There was a cash offer of $300,000 given as an option. In the event the first and second respondents were held liable for $310,888. [30] Th...