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1. File other applications

   ...declining removal.  The Authority is not required to stay the matter before it until your application is determined by the Court. Filing fee The filing fee must be paid before or at the time of filing the application. Documents You should file: Form 3: application for special leave a copy of the determination declining removal an affidavit in support Find Form 3 application for special leave, template for an affidavit in support and the fee information on our forms and fees pag...

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   3. File a challenge

2. BE v TD Ltd [2023] NZDT 317 (25 July 2023) [pdf, 190 KB]

   ...recommended that the rack be replaced. B Ltd replaced the rack with a secondhand one in August, and TD Ltd covered the cost involved. [4] After this, the vehicle drove better, but there was still a knock present. BE continued to drive the car, her only form of transport, to work. In November 2022, when driving to [Town], she drove for the first time over a particularly bumpy road at 100 kph. The rack made excessive noise, and seemed to pull or shake the steering wheel. BE felt unsafe....

3. KM v TE [2021] NZDT 1619 (30 July 2021) [pdf, 264 KB]

   ...KM entitled to a remedy and, if so, is the amount claimed proved and reasonable? Is KM owed a further 20 percent commission on [Property 3]? If so, how much is she owed? 8. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. A legally enforceab...

4. 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...

5. HD v NU [2023] NZDT 118 (9 March 2023) [pdf, 201 KB]

   ...was found they were fully blocked with tree roots and sludge and could only be replaced. The system was old and could now only be replaced with a new compliant system. 3. HD claimed for the cost to replace the septic tank system and the work performed to investigate the fault. 4. The issues to resolve the claim are: (a) Was the wastewater system in reasonable working order? (b) What loss can HD prove she is entitled to be compensated for? Does the proposed reinstatement pl...

6. ZG Ltd v KJ Ltd [2020] NZDT 1386 (4 March 2020) [pdf, 188 KB]

   ...confirmed that KJL had ordered the wrong Theme and that ZGL had paid them for it. Accordingly, KJL must refund that amount ($270.95) to ZGL. Referee: Ms G Jaduram Date: 4 March 2020 CI0301_CIV_DCDT_Order 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...

7. KQ v HDC Ltd [2022] NZDT 153 (28 September 2022) [pdf, 96 KB]

   ...the car might have been worth about $4,000.00 at the most, but when I looked at similar cars for sale on the internet, I am of the view that $2,500.00 is more appropriate. 14. I am also satisfied that KQ had some other foreseeable losses in the form of the cost to him of using another vehicle which belonged to his mother. I am satisfied that KQ can claim $100.00 in respect of that matter. 15. The Respondents are jointly and severally liable to pay the total sum of $2,600.00. Refe...

8. EL v BN [2022] NZDT 156 (23 September 2022) [pdf, 212 KB]

   ...payment (with the law firm that holds the house settlement money currently), I reflect that agreement by ordering that BN is to pay $1040.00 directly to EL. Referee Perfect Date: 23 September 2022 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...

9. SD & QD v NU [2023] NZDT 587 (16 October 2023) [pdf, 96 KB]

   ...went overseas. NU provided a copy of the motor registration in his parents name and a copy of a bank statement showing he transferred the purchase price of the vehicle to his parents a few weeks after the sale. 8. In view of the registration information and the bank transfer, I find it likely NU’s parents were the owners of the vehicle and that NU was selling on their behalf. 9. As NU was selling on behalf of his parents, any representations made by him were made on behalf of hi...

10. QH v TU Ltd [2022] NZDT 12 (22 March 2022) [pdf, 236 KB]

    ...I accept TU Ltd incurred costs to remove the vehicle and that they are entitled to retain the fee. 12. In view of the above, the claim is dismissed. Referee: K Edwards Date: 22 March 2022 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 rehe...