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1. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refere...

2. EN v CQ Ltd [2022] NZDT 51 (17 January 2022) [pdf, 174 KB]

   ...Tribunal orders: GQ Ltd is to pay $495.50 to EN by 5 February 2022. Background 1. EN lives in [Town]. He purchased a second-hand TV from a seller in [City]. The seller assisted EN by arranging transport of the TV with GQ Ltd. GQ Ltd was informed by the seller that the seller was not paying for the transport of the TV and that a final decision about transport would be made by the purchaser of the TV. 2. An invoice for payment was sent by GQ Ltd to EN and the TV was transp...

3. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...allow, and which is a very common and well understood use of a bond in New Zealand. 14. The claim is therefore dismissed. Referee: M Wilson CI0301_CIV_DCDT_Order Page 3 of 4 Date: 29 June 2022 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 a...

4. DN & EN v R Ltd [2023] NZDT 725 (13 December 2023) [pdf, 94 KB]

   ...$26,352.00 from R Ltd. [2] EN spoke for herself and her husband. She said that they had booked flights that were to leave [City] on 12 May 2023. Their intention was to attend a wedding in [Country 1]. When they arrived at [City] airport, they were informed by a R Ltd official at check-in that they lacked the required visas to enter [Country 1], and could not board the flight. EN and her husband explained to the official that they both had dual nationality, being citizens of [Country 2]...

5. UN v CD Ltd & CD [2023] NZDT 663 (16 October 2023) [pdf, 112 KB]

   ...6. However, CD gave evidence that the existing pipes were not on the Council’s GIS when the plans were first drawn up. He said that a camera sent down could only take photos of the pipes but could not provide enough conclusive evidence or information to prove whether or not the pipes would meet Council’s current standards in order to have the resource consent approved. CD said that regardless of whether he thought the pipes were in good condition or not, he could not prove that t

6. OE v UC [2023] NZDT 47 (8 February 2023) [pdf, 129 KB]

   ...reasons and the full details of why she believes that OE owes her money for the series of motorbike dealings. As mentioned in that order, if UC failed to do that the hearing would proceed without the Tribunal being able to consider this defence. No information was received from UC and so the Tribunal has been unable to consider this defence. 6. The issue to be resolved is whether OE paid UC $750.00 in July 2021. Did OE pay UC $750.00 in July 2021? 7. OE provided evidence to the T...

7. HF Ltd v Q Ltd [2024 NZDT 229 (12 March 2024) [pdf, 99 KB]

   ...find it is not appropriate to make such an order, particularly given the costs incurred by the Respondent to seek payment for the initial panels supplied. Referee: A Chand Date: 12th March 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 a r...

8. QC v KN [2023] NZDT 426 (10 July 2023) [pdf, 217 KB]

   ...The grounds listed in section 43 have not been established in this matter and therefore the claim for the administration costs and filing fees is dismissed. Referee: Nigel Wolland Date: 10 July 2023 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 a r...

9. UO v DU [2023] NZDT 366 (2 August 2023) [pdf, 121 KB]

   ...contract. If so, can UO cancel the contract and receive a full refund? 17. Section 37 of the Contract and Commercial Law Act 2017 says that a party may cancel a contract if another party has breached a term of the contract, as long as the performance of the term is essential to the cancelling party. 18. This was a relatively simple contract, in which UO promised to pay the sum of $10,800.00 and DU promised to provide a shed. UO’s only reason to enter into the contract was to...

10. MN v QL [2024] NZDT 542 (23 July 2024) [pdf, 143 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 4 11. QL submitted that therefore, in addition to his verbal evidence that MN agreed that the money was a deposit, the emails that he has provided demonstrate that there was a verbal contract for a deposit on his former home. 12. QL referred me to a receipt for the money that he generated and signed on 16 August 2022 stating that the money was for the deposit as claimed and is proof that MN gave him the money as a deposit. 13. QL referred to a n...