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1. E Ltd v FN [2023] NZDT 783 (18 December 2023) [pdf, 192 KB]

   ...arrangements he made with E Ltd. 15. E Ltd is therefore entitled to payment of full amount of the invoice of $1,167.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: S Simmonds Date: 18 December 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 appl...

2. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 18 KB]

   ...evidence and expertise of the WHRS assessor. 2.4 The applications by the first and second respondents for costs do not have equal merit. Mr Swan appeared for Mapei at conferences and filed an application for strike out. This was in the form of a one page letter with no evidence or affidavits provided in support. Mapei did not file a response to the claim and therefore did not call witnesses. At the hearing Mr Swan conducted limited cross-examination of some witnesses. The...

3. [2010] NZEmpC 142 Wang v Hamilton Multicultural Services Trust [pdf, 75 KB]

   ...sequence of events giving rise to the allegations of discrimination were a pre-cursor to the decision to restructure the management roles within the Trust. This included the plaintiff’s position as financial administrator. This is confirmed in the form of pleadings filed, particularly the statement of claim commencing the challenge in respect of the termination of employment. The issue of discrimination on the basis of ethnicity is raised in that claim as well as the claim base...

4. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...in evidence). In that case Lang J held that the IGC payments in that case could not be regarded as “outgoings” for the purposes the agreement for sale and purchase. That agreement (on the Auckland District Law Society & Real Estate Institute form) has the same provision as to “outgoings” in the SPA. I note in that case at the relevant time WXT’s IGC charging policy was the old policy where they charged the developer. Had Phoenix Holdings Trust and the other parties sought t...

5. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...has not shown that it is more likely that C was sold with an underlying condition that caused her to suffer a prolapse, the claim must be dismissed. Referee: Cowie Date: 6 April 2022 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...

6. SM v CT [2020] NZDT 1432 (4 August 2020) [pdf, 223 KB]

   ...CT breach the contract of sale with SM? b. What remedy is SM entitled to? Did CT breach the contract of sale with SM? 5. There is a contract between the parties for the sale and purchase of the vehicle even though the contract might not be formally in writing. 6. The Contract and Commercial Law Act 2017 (CCL) implies into all contracts for the sale of goods certain conditions and warranties as to title and quiet possession. Section 135 says: (1) In a contract of sale there...

7. D Ltd v M Ltd [2023] NZDT 731 (13 December 2023) [pdf, 221 KB]

   ...terminating yet continued using their services, that a fair and just outcome is that M Ltd pay for 50% of the amount claimed by D Ltd. M Ltd is to pay D Ltd $1,776.06. Referee: Kaho Date: 13 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 re...

8. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 No refunds on tickets except where required by the Consumer Guarantees Act 1993. No refunds or other compensation will be given if an advertised artist or act is changed, cancelled, or the length or content of their performance is changed. 7. MI argued that the rain date may have been put into the terms and conditions after she purchased her ticket. E Ltd’s representative, EI, acknowledged that there had been some online speculation about this....

9. T Ltd v C Ltd & CD [2023] NZDT 298 (10 August 2023) [pdf, 186 KB]

   ...established that C Ltd or CD are liable, it is not necessary to determine the issue of reasonable costs. 12. The claims against C Ltd and CD are dismissed. Referee: GM Taylor Date: 10 August 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...

10. S Ltd & T Ltd v BK [2023] NZDT 400 (4 July 2023) [pdf, 198 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 3 Was there a binding contractual agreement between the parties? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 6. The consumer submitted that there was no contract formed. Her reasons included the discussion of needing a written contract, and a lack of certainty of some terms. It is unnecessary for...