Search Results

1. GX v J Ltd [2024] NZDT 641 (3 September 2024) [pdf, 211 KB]

   ...have a policy for Roadside Assist for this vehicle, and as he did not incur the cost of the tow in reliance upon any advice or representations of J Ltd. Referee: DTR Edwards Date: 3 September 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...

2. MM v UN Ltd [2024] NZDT 668 (22nd July 2024) [pdf, 215 KB]

   ...regarding the damage. However, the carrier did not produce its phone recordings of the conversations after the move, so I draw an adverse inference that the evidence of these recordings would be likely to have supported the owner’s claim that she informed the carrier of the damage by phone. 10. The terms and conditions required written notice of insured damage within 24 hours, but the context suggests that this limitation only applies to damage caused by the vehicle being involved in...

3. OT v KI [2024] NZDT 385 (3 May 2024) [pdf, 180 KB]

   ...exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. The sum payable is therefore $2,974.48. Referee: E Paton-Simpson Date: 3 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...

4. KE v JM [2024] NZDT 332 (29 April 2024) [pdf, 197 KB]

   ...words ‘pure-bred’ means in relation to the genetic make-up of a dog. I have considered the evidence presented from an internet source that a ‘purebred’ is anything over 87.5% however I am unable to place weight on this as the source of this information is unverified. b. I had adjourned the first hearing to allow the parties to an opportunity to provide information from a verified source as to what ‘purebred’ means, however neither did so. In the absence of any other i...

5. KD v TB Ltd [2022] NZDT 204 (11 July 2022) [pdf, 105 KB]

   ...for loss or damage can be made against VU (page 1, conditions of hire) and also provides that the hirer shall indemnify VU and its agents from and against all liability (page 2, cl 24). 7. Having carefully considered the available evidence and information, I find that the Staff Member owed KD a duty of care when helping him with the trailer, and that he failed to take reasonable care and this caused damage to KD’s car. I also find that KD did not cause or contribute to the damage....

6. TT v Q Ltd [2023] NZDT 460 (29 August 2023) [pdf, 160 KB]

   ...weeks’ written notice of termination without cause by either party and it also provides for immediate termination by the Licensee Agent in certain specified circumstances. 9. Q Ltd gave a wide variety of reasons that they considered TT’s performance, attitude (particularly in terms of time spent at work versus ‘time off’) and skills did not meet their expectations of an associate agent. It is clear from Ms C’s submissions on behalf of TT, that he was not particularly happy w...

7. N Ltd v T Ltd [2023] NZDT 423 (14 August 2023) [pdf, 191 KB]

   ...spoke to TN before the sale and TN told him that he operated boats in the [Region 2] as part of his [fishing] business, and TN told him that his friend had a [Satellite Dome] that worked well for him. TX says that he did not give TN any specific information about where the Dome would or would not work, and he was not asked by TN to investigate what the coverage of the Dome was, and he did not know whether TN’s friend had the 33cm dome or the 45cm dome so he could not say whether the 33cm...

8. OH v T Ltd & Ors [2024] NZDT 570 (10 July 2024) [pdf, 201 KB]

   ...RESPONDENT M Ltd THIRD OR SUBSEQUENT RESPONDENT ST The Tribunal orders: T Ltd is to pay OH the sum of $26,320.25 on or before 2 August 2024. Reasons: 1. OH planned to renovate his home and engaged T Consultants to perform a pre-demolition survey. The survey confirmed the presence of asbestos in the property, T Ltd were engaged by OH to remove the asbestos in April 2023. 2. As a prerequisite of any asbestos removal OH had to appoint an independent assesso...

9. Theobald v Coulter [pdf, 170 KB]

   ...0300-Theobald page 1 of 35 TABLE OF CONTENTS Page 1. BACKGROUND 2 2. THE PARTIES 3 3. CHRONOLOGY 5 4. THE CLAIMS 5 5. FACTUAL ANALYSIS OF CLAIMS 7 Finish at Base of Wall Cladding 8 Installation of Flashings at Windows 9 Finish to Top of Parapets 10 Plaster Finish to External Corners 11 Ceiling in Bedro...

10. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

    ...statements made by company directors, unless the statements were proven to be false. [25] Ms QM saw no evidence of collusion between Mr WR and Mr ZT. She considered that both lawyers had treated each other with courtesy and respect. [26] She had formed a view that Mr WR had responded to queries from his clients in a quiet and courteous way and concluded that Mr WR, during the course of the mediation, “came across as knowledgeable and confident in a considered thoughtful manner...