Search Results

1. NM v T Ltd [2023] NZDT 393 (29 August 2023) [pdf, 165 KB]

   ...expensive item. 5. For this reason, I am not satisfied NM has proven the cashmere jumper is not of acceptable quality and therefore the claim must be dismissed. Referee: P McKinstry Date: 29 August 2023 Page 2 of 2 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...

2. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...determination will contribute to costs on review. [111] Mr MV did not challenge the committee’s determination but is left with an unsatisfactory conduct finding on his professional record and a $500 fine. [112] The application for review, and request for a hearing, were made by Mr CJ, as is his right. The review hearing was convened at his request. Mr ZZ submits Mr MV should be ordered to pay Mr CJ’s costs on review. [113] In my view this review could have been determined...

3. Application-for-attachment-order-204w.pdf [pdf, 231 KB]

   MOJ204/11/17 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt 0800 233 222 PAGE 1 OF 9 When should I use this form? This form lets you apply to recover a judgment debt directly from the judgment debtor’s income. Use this form if all the following apply: • you are either the judgment creditor or the judgment debtor • the money owed in a judgment or court order has not been paid • you want a simple, cheap enforcement solution • you can provide t...

4. 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...

5. ED v MA [2023] NZDT 557 (20 June 2023) [pdf, 158 KB]

   Page 1 of 2 (Disputes Tribunal Act 1988) RESULT OF APPLICATION FOR REHEARING [2023] NZDT 557 APPLICANT person or organisation making the original claim ED RESPONDENT person or organisation originally claimed against MA Result of application for rehearing: Rehearing Granted The Order of 18 April 2023 is set aside. In due course the parties will be advised of the date and time of the new hearing. Reasons for decision: 1...

6. 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...

7. 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...

8. 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....

9. 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

10. 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...