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1. BJ Ltd v YQ Ltd YQY [2013] NZDT 416 (11 November 2013) [pdf, 69 KB]

   ...customers at a lower rate than the applicant was paying. [8] The respondent says that the service standard remained high after AA was replaced and referred to emails that showed that the new account manager replied to the applicant’s requests within hours. They also say that the mobile phone prices are not reflective of the overall market leading rates that they provided the applicant as they say that this was a combination of a package of services they provided the...

2. NN v TU Ltd [2019] NZDT 1433 (21 February 2019) [pdf, 189 KB]

   ...that TU Ltd was justified in towing her vehicle? 5. NN has provided evidence that proves both that she had purchased the required ticket and returned to her parking spot before it had expired – this is not disputed by TU Ltd. The contract formed by the combination of signage at the site and NN’s of terms and conditions by purchasing the ticket, includes the requirement that the ticket be displayed in a visible location within the vehicle. NN says she placed the ticket on the das...

3. KI v MA [2023] NZDT 385 (23 August 2023) [pdf, 92 KB]

   ...this was to be paid on the moving date. However, as the applicant did not pay the bond, no consideration for the contract was paid before the respondent withdrew the offer. c. The parties had not reached a state where both parties had intended to form legal relations on clear and certain terms. If so, did either party breach the contract? 8. As I do not find that there was a contract between the parties, there is no need for me to consider this issue. What payments, if any,...

4. KL v LT [2023] NZDT 244 (26 June 2023) [pdf, 196 KB]

   ...contract. For a contract to come into existence the elements of a simple contract must exist. The relevant elements are offer, acceptance, consideration (an exchange of values), and an intention to create a legal relationship. 5. A contract can be formed in writing or verbally. It is always easier to make a finding about what parties have agreed when they have put their agreement in writing. 6. KL says that in the period from 2016 to 2022 he advanced money to LT as an interest fr...

5. [2016] NZEmpC 1 Kilpatrick v Air New Zealand Ltd [pdf, 252 KB]

   ...and the ISC. When they would not agree with Ms Kilpatrick’s interpretation, she stated that she was going to lodge an Operations Occurrence Report (OOR) against her supervising flight attendants in any event. The Captain and the First Officer formed the view that Ms Kilpatrick had it in for Ms Coyle and was intent on causing her trouble. During evidence these matters were not in fact denied by Ms Kilpatrick, although she claims that she did not breach policy by going on to the...

6. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...they cost a lot of money”. [10] She and others met Mr AO at Ms T’s home later that day, obtained a key from the neighbour, and undertook “a brief perusal of her effects”. [11] Mrs NP says that when she asked Mr AO later for further information to assist her and her siblings in Australia in possibly making a claim, he did not respond and continued not to return her calls. 3 [12] Mrs NP and her siblings engaged a lawyer who corresponded with Mr AO in October 2014. M...

7. [2006] NZEmpC AC 73/06 CE Bay of Plenty DHB v NZ PSA [pdf, 75 KB]

   ...contents in seeking solicitor/client costs against the PSA… [7] The letter was faxed to the defendant on the same day. [8] On 30 August 2004, 10.37am the Board’s solicitors received a copy of a letter the PSA had forwarded to the Authority, requesting an extension of time for filing and serving briefs of evidence, to Wednesday, 1 September 2004. At this time the Board had received no response from the PSA to its letter of 26 August. [9] By facsimile dated 30 Augus...

8. LAP contract for services [pdf, 753 KB]

   ...comply with the procedure in the relevant policy, including any requirements to inform the Secretary and find a replacement. 5. Secretary’s obligations 5.1. The Secretary will, once the Secretary has all relevant information that has been requested from the Provider, promptly: 5.1.1. make decisions relating to Approvals 5.1.2. objectively and fairly deal with Legal Aid Complaints in accordance with clause 9 of this Contract, the Complaints Management policy in the Provider...

9. EE v D Ltd & G Ltd [2024] NZDT 862 (9 December 2024) [pdf, 221 KB]

   ...manifested only very occasionally. Any issue could reasonably be expected to show itself more often. e. I have considered the fact that [a friend] and NU were topping up coolant in the vehicle, and that this may have masked any issue. However no information is available as to how often and how much the vehicle was topped up by and so this offers no support to the allegations that have been made. Did D Ltd provide its services with reasonable care and skill? 11. The relevant l...

10. G Ltd & YZ v B Ltd [2025] NZDT 55 (27 March 2025) [pdf, 214 KB]

    ...deceptive conduct under the FTA or that it breached the contract in any way. Conclusion 19. For the reasons above the claim is dismissed. G Jaduram Disputes Tribunal Referee 27 March 2025 Page 5 of 5 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...