Search Results

1. SB v LQ [2024] NZDT 128 (16 April 2024) [pdf, 203 KB]

   ...repair shop] where he took his bike to have the repairs done. The mechanic, NX, wrote that the engine had seized and needed to be rebuilt. He wrote that “it is hard to know the true representation of the running time of a motocross bike, as this information in most case is acquired through fitting an aftermarket hour meter… which can be tampered with at any point”. 7. SB had also asked LQ in a text if there was any damage he had not disclosed in the advertisement and LQ affi...

2. H Ltd v T Ltd & Ors [2023] NZDT 700 (19 December 2023) [pdf, 226 KB]

   ...XX The Tribunal orders: The claim is dismissed. Reasons: 1. H Ltd were contracted by NX to build a house. NX contracted separately with B Ltd for the house plans. H Ltd contracted T Ltd for the site survey and layout. 2. When requested to start works, T Ltd requested plans from B Ltd to enable them to set out the site. H Ltd then started building set out work. However, as the project progressed, they realised there had been an error as the measurements on the plans di...

3. LB v MX & BJ Ltd [2024] NZDT 281 (22 February 2024) [pdf, 179 KB]

   ...of mistake would have been made in this circumstance. 10. Therefore, it is not necessary to consider the second issue and the claim is dismissed. Referee: Sara Grayson Date: 22 February 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 r...

4. DE & XE v SC [2024] NZDT 71 (15 January 2024) [pdf, 194 KB]

   ...$1,000.00 that they are claiming. 20. The claim is proven. 21. DE and XE remain the owners of the vehicle and they may dispose of it as they see fit. Referee: Nicholas Blake Date: 15 January 2024 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...

5. EM & MM v QQ & Ors [2024] NZDT 675 (11 July 2024) [pdf, 215 KB]

   ...section from the respondents, QQ and SS. The applicants claim that the respondents were in breach of two provisions of the sale and purchase agreement, and claim compensation for their resulting losses. [2] The agreement was in the standard [redacted] form. The clauses that the applicants claimed were breached by the respondents were cll 6.1 and 7.1. These state, so far as is relevant: 6.1 The vendor shall not be bound to point out the boundaries of the property except that on the sa...

6. KT v EG [2024] NZDT 572 (28 May 2024) [pdf, 179 KB]

   ...damages for the failure to return the bond immediately. Conclusion 11. For these reasons EG is to pay KT the sum of $158.00 by the date stated in the order. Referee: K Rendall Date: 28 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 reh...

7. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...concert on 16 February 2020. That equates to approximately 50% of the full price of the two tickets she purchased (including fees). 2. TB says Sir Elton John had “walking pneumonia” so didn’t get to see the whole concert. Sir Elton John performed for less than 2 hours and only played 14 of the songs on his songlist of 24. She says he had consistently played 24 songs on tour and he should have cancelled before the concert. 3. DF Ltd was represented at the hearing by BT (the C...

8. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...and purchase (“ASAP”) before speaking with MI Ltd or asking them to act on their behalf. 13. MI Ltd was sent a copy of the signed ASAP on 20 December 2019, their last business day of the year. Therefore it did not have any input into the form or content of the ASAP. 14. The front page of the agreement noted that there was no condition that required a LIM to be obtained. However, there was a further condition that the agreement was conditional upon: the approval in all res...

9. DB Ltd v UC [2024] NZDT 449 (7 May 2024) [pdf, 222 KB]

   ...email account which she was entitled to use for school purposes, and she held a position of responsibility for organising the trip to [town]. Was a booking for accommodation made? 8. This is just another way to ask whether a contract was formed between the Motel and UC for accommodation on the nights of 6 and 7 October 2023. I find that there was for the following reasons: a. There were discussions about possible accommodation on 27 November 2022, including discussions abou...

10. NI v PT & OT [2024] NZDT 98 (31 January 2024) [pdf, 256 KB]

    ...pay them damages of $10,056.73, which is a 50% share of the cost of building the original fence and retaining wall and the cost of later moving the fence (and adjacent garden bed on their side of the boundary), because they say Trust concealed information about the actual position of the boundary between the two properties. 4. The issues to be resolved are: a. Does the retaining wall have to be removed under section 8 of the Fencing Act 1978? b. Can the Tribunal make an order requ...