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1. BT v T Ltd [2023] NZDT 274 (30 June 2023) [pdf, 176 KB]

   ...purchased a [phone] online from T Ltd. He received the phone on 5 October 2022, and within a few days it was clear that the phone could not detect the pen or stylus as it was supposed to. BT took it to T Ltd’s kiosk at [mall] on 19 October 2023. BT was informed he was entitled to a replacement phone, because this was an out of box failure (referred to as an OBF). The [phone] was sent back to T Ltd, but it was repaired instead of replaced. When BT received the phone back, while at the [...

2. X Ltd v LG [2023] NZDT 358 (28 July 2023) [pdf, 95 KB]

   ...except in certain limited circumstances (as set out in s 42). None of those circumstances apply in this instance. Therefore, this part of the claim must be dismissed. Referee: J Savage Date: 28 July 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 reh...

3. LCRO 87/2018 QZ v FZB (20 December 2019) [pdf, 231 KB]

   ...18 April 2017 from Mr AL of the deed of appointment of trustees, and the authority to uplift, was that he would issue an invoice for his “attendances to date in relation to trust matters”, and when “cleared” would provide the documents requested.13 10 Mr VT's 19 April 2017 invoice: $750 plus GST (total $963.13). 11 Mr QZ's 7 June 2017 invoice: $2,360 plus GST (total, $2,792.20). 12 FZB, letter to Lawyers Complaints Ser...

4. BI & KI v SC & KT [2021] NZDT 1710 (18 October 2021) [pdf, 126 KB]

   ...contain any promise by KT and SC to repair the guttering. However, KI requested in an email “could (we) please have the gutters emptied and the disconnected one repaired”. BC, the solicitor for the vendors, advised that KT and SC agreed to perform that work if the agreement was confirmed as unconditional. The contract went unconditional in approximately one week of KT and SC accepting to do that work. 4. BI and KI said the guttering was not repaired to a suitable standard. They pro...

5. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   ...on the residential property of ZYR and ZYQ. This driveway was to replace an existing driveway. [2] ABN Ltd was contracted to form the driveway so that it could be sealed by a third party contractor. [3] Two sections of the driveway were formed by ABN Ltd and then sealed by a third party contractor. The middle section was formed by ABN Ltd but not sealed because further work was advisable to ensure that the driveway in this section did not scour away or slump. [4] ABN Ltd...

6. KY v TU Ltd [2019] NZDT 1521 (23 May 2019) [pdf, 201 KB]

   ...obtaining a permit. 14. For these reasons, I find that TU was not entitled to clamp KY’s car, and must refund the $150.00 she paid to have her car released. Referee: E Paton-Simpson Date: 23 May 2019 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. If you wish to apply for a rehearing, you...

7. [2022] NZEmpC 103 Pilgrim v Attorney-General [pdf, 230 KB]

   ...in certain circumstances when it is in the interests of justice to do so. [7] Rule 12 specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the order...

8. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...workshop submitted that it had a right to detain the Polaris until its invoices were paid. There was no evidence of an express contractual lien, but the common law recognises a worker’s lien, which applies where someone has improved goods by performing work on those goods. The lien allows the worker to detain the goods in order to obtain payment of the charges for that work. It does not allow the goods to be detained to obtain payment for different work on different goods. Therefore, it...

9. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...other consideration provided, or both, as the case may require’. 17. Accordingly, I find LF and SF are entitled to a refund of $17,145.60 and an order is made. Referee: DTR Goddard Date: 10 May 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 rehe...

10. US Ltd v NH [2021] NZDT 1545 (16 September 2021) [pdf, 182 KB]

    ...Consequently I find that NH is entitled to a refund of $8000.00. I also find that he is not liable for the balance of $2650.00, so US Ltd’s claim is dismissed. Referee: G.M. Taylor Date: 16 September 2021 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...