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1. HX & H Ltd v J Ltd [2025] NZDT 75 (14 February 2025) [pdf, 198 KB]

   ...from $NZ11,213.00 to $NZ15,762.00. (e) A letter was provided from Mr T, who is known by HX, wrote that he inspected the trailer and found that the sub-frame was constructed out of steel, but the deck/tub and mudguards were all manufactured from formed aluminium. He considered that “it would appear that the trailer was in good sound workable/usable condition prior to the impact damage”. 7. HX considered the price to replace the trailer with a steel one would be $10,000.00. Ste...

2. KG v TQ [2023] NZDT 789 (22 December 2023) [pdf, 93 KB]

   ...entitled to a refund for the tree removal? 9. Section 36 (1)(a) of the Contract and Commercial Law Act 2017 states that “A party to a contract may cancel it if, by words or conduct, another party (B) makes it clear that B does not intend to - perform B’s obligations under the contract”. If a party to a contract has paid money in anticipation of the other party’s performance, but there has been a total failure to perform by the other party, the remedy is recovery of the sum paid....

3. DC v MDC [2023] NZDT 541 (5 October 2023) [pdf, 170 KB]

   ...household generally. Either way, DC cannot succeed in her claim to have either the fridge delivered to her or to have the money she transferred for it paid to her. Referee Perfect Date: 5 October 2023 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 re...

4. NC v NO [2023] NZDT 544 (20 September 2023) [pdf, 122 KB]

   ...September 2023 at 9.15am. The respondent NO had been notified of the hearing but failed to attend, although his phone number seemed to be connected. On 16 June 2023, NO had emailed the tribunal. He acknowledged the existence of this proceeding and informed the tribunal that he was living overseas. As his phone number may have been different, he was requested to provide his overseas phone number, to facilitate a telephone hearing, but he failed to do that. Background On 4 January 2...

5. MU v OL [2023] NZDT 698 (14 December 2023) [pdf, 203 KB]

   ...the car. 21. For these reasons I am satisfied that MU has proved his claim against OL and that OL should pay for the repairs in the sum of $4,847.25. Referee: K Johnson Date: 14 December 2023 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...

6. UN v IH [2025] NZDT 95 (12 May 2025) [pdf, 169 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

7. Kennedy v Scanner Investments Ltd [pdf, 169 KB]

   ...page 4 of 34 • Mr John Lyttle, the WHRS Assessor, called by the adjudicator; • Mr Stephen Cody, a team leader in the building consents division of the Council, called by the Council; 1.7 Mr Clive Lewis did not formally give evidence, but he had filed comprehensive submissions and expert observations prior to the hearing, and he did endorse these opinions whilst asking questions of the other witnesses. As none of the parties had any questions to ask

8. [2009] NZEmpC WC 3/09 Mana Coach Service Ltd V The Tramways Union [pdf, 18 KB]

   ...was not in all respects a test case but, rather, one in which some, but not all, of the legal principles were well established. The case had some factual complexity illustrated by the length of time required for the hearing. [3] The plaintiff claims that the union contributed unnecessarily to increased costs in the document disclosure exercises before the hearing. For the defendant, it was submitted that the company contributed unnecessarily to increased costs by opposing the admi...

9. [2022] NZACC 193 – Fuller v ACC (4 October 2022) [pdf, 240 KB]

   ...accident, and was granted cover for “sprain knee and leg knee right”. [8] On 23 February 2005, Professor Stuart Heap of a radiology centre reported results of the examination of Mr Fuller’s right knee. The report noted minor 3 osteophyte formation and confirmed the impression as “general degenerative change but this is particularly affecting the medial joint compartment”. [9] On 13 April 2005, Mr Mark Clatworthy, Orthopaedic Surgeon, reported to Dr Farmer. Mr Clat...

10. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

    ...apologised. [26] He says upon Mr GC’s subsequent retirement as a partner, and the Official Assignee later “becoming aware of the missing files/transactional information”, those responsibilities fell to him. He says he provided the information requested to the Official Assignee upon discovering Mr GC had not done so. (2) Application of funds received [27] Mr KY submits that following the demand made by the barrister in August 2013 for payment of outstanding fees, his “in...