Search Results

1. TC v N Ltd [2023] NZDT 682 (21 December 2023) [pdf, 243 KB]

   ...39. Summary – as a result of all the findings N LTD is liable to pay damages of $22,395.81, being the sum of all damages awarded in the sections above. Referee Perfect Date: 21 December 2023 Page 6 of 6 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...

2. ST v UF Ltd 2020 NZDT 1410 (17 June 2020) [pdf, 155 KB]

   ...warranties for building work in relation to household units and at section 1 provides: "In every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract: (a) That the building work will be carried out (ii) in accordance with the plans and specifications set out in the contract" CI0301_CIV_DCDT_Order Page 2 of 4 6. The outcome of a grey floor with...

3. DN v DD Ltd [2022] NZDT 61 (28 June 2022) [pdf, 218 KB]

   ...said after G was injured that were more about ‘lightening’ a terrible situation and trying to make ND feel better about what had happened in the context of their friendship. I accept that and give no weight to the contents of these private and informal communications. 11. DN also says though that they always secure the dogs before leaving the property and that he expected ND would do the same. Although DN said at the hearing that he asked ND to “put them inside the house if you...

4. MS Ltd v CD [2023] NZDT 133 (11 May 2023) [pdf, 141 KB]

   ...Conclusion 15. As MS Ltd has proven it is entitled to be compensated for the total amount of $4,051.35 an order is made for that sum. Referee: K Cowie DTR Date: 11 May 2023 CI0301_CIV_DCDT_Order 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...

5. EQ v FI Ltd [2024] NZDT 394 (13 May 2024) [pdf, 138 KB]

   ...one set of keys? d. If so, what is the amount EQ is entitled to? CI0301_CIV_DCDT_Order Page 2 of 4 Was it a term of the sale and purchase contract that the [car] would be sold with two sets of keys? 5. In general, a contract can be formed in a variety of ways. It can be oral, as evidenced by what the parties discussed, or in writing, as evidenced by what the written terms are. Sometimes, a contract may include implied terms. These are things that are so obvious they go w...

6. BD and CD v U Ltd [2023] NZDT 199 (13 April 2023) [pdf, 190 KB]

   ...be reimbursed for the success fees paid while he was a minor. 4. The issue to be resolved is whether U Ltd is entitled to keep the success fees paid by a minor. Is U Ltd is entitled to keep the success fees paid by a minor? 5. A contract is formed when two parties exchange promises that they agree to be bound by. In this case, CD promised he met the membership criteria and U Ltd granted him access to its online auction platform. There is no dispute that CD did not meet the U Ltd me...

7. D Ltd v NM [2024] NZDT 268 (3 April 2024) [pdf, 122 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 7. I accept the comparable invoices from similar jobs carried out by D Ltd. They are consistent in pricing with NM’s job. Referee: S Connell Date: 3/4/2024 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...

8. TC & TD v NV LCRO 255 / 2011 (14 January 2013) [pdf, 138 KB]

   ...which time NV responded. He advised that he had not noted TC’s email of 16 September and then requested further information as to the date to which ground rental was paid. Finally, on 31 October, he sent a letter to the purchaser’s solicitor requesting payment of the amount due by the purchaser being $1,537.50. [15] The purchaser’s solicitor responded advising that the tenant of the property was in financial difficulties and had not paid rental and outgoings for the month of...

9. [2021] NZACC 181 – Tonga v ACC (8 November 2021) [pdf, 308 KB]

   ...summarising: Plan: ACC45, multiple injuries but really is overuse injury causing sprain elbow and forearm, note background changes on x-ray though which is more likely an accumulation of injuries. [8] Dr Ripley completed an ACC 45 injury claim form providing an accident date as 31 January 2017 and a description of the accident as “boning multiple carcasses, overuse elbow/forearm”. His diagnosis described the injury as a “sprain elbow/forearm – right”. 2 See paras [3...

10. WHT - Chair's directions for lower value claims [pdf, 174 KB]

    Weathertight Homes Tribunal Chair’s Directions for lower value claims page 1 of 5 CHAIR’S DIRECTIONS (for Lower Value Claims) 1. Introduction 1.1 These directions are effective from 14 September 2015 and are issued pursuant to s 114 of the Weathertight Homes Resolution Services Act 2006 (the Act) and set out the procedure which is to apply to all applications in the Weathertight Homes Tribunal where the amount claimed is under $20,000 (lower value claims). 2. How the...