Search Results

1. 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...

2. BU v L Ltd [2025] NZDT 45 (11 February 2025) [pdf, 200 KB]

   ...L Ltd. [2] The person who dealt with this dispute for L Ltd, and communicated throughout with BU and, after he filed this claim, with the Disputes Tribunal, was named as JE. He was not available when I telephoned him for the hearing, and I was informed that he was not available. As L Ltd made no application to the Disputes Tribunal for an adjournment, and the Tribunal has no evidence relating to any reasons why the hearing should have been adjourned, the hearing proceeded in L Ltd’s ab...

3. FC & NH v LT [2024] NZDT 856 (29 August 2024) [pdf, 198 KB]

   ...if LT had paid the $30,000, NH would have gratefully received it. 13. NH took legal advice in 2024 and following a letter of demand to LT, he agreed to her suggestion she could repay the balance at the rate of $2,000 per week2 provided this was formally recorded and that interest and costs were added to the outstanding debt. These conditions were not accepted by LT and she has failed to make repayments at the rate of $2,000 per week. 14. Although there was an attempt in April 2024...

4. 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...

5. 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...

6. 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...

7. WHT Claims under $20k - Chair's Directions [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...

8. Unnikrishnan v Goldsmith [2017] NZIACDT 22 (29 September 2017) [pdf, 234 KB]

   ...he did not need to declare a drink driving conviction to Immigration New Zealand, and then she submitted a work visa application saying he had no convictions. Accordingly, Ms Goldsmith gave wrong advice and then provided false and misleading information to New Zealand. [2.3] Ms Goldsmith failed to complete the process required for client engagement, including obtaining a complying written agreement, she also altered an immigration form after her client had signed it which is an...

9. Howard v Accident Compensation Corporation (Late appeal to the High Court) [2023] NZACC 25 [pdf, 337 KB]

   ...period between 26 November 2010 and 9 April 2012 and asked the Corporation to “issue an ACC written decision”. [16] On 21 September 2021, the Corporation replied to Mr and Mrs Howard: ACC’s position is that the weekly compensation you have requested has already been the subject of previous review and court decisions. This weekly compensation is also subject to the full and final settlement agreement which you signed 30 July 2021. Therefore, ACC will not be issuing any furth...

10. Thompson v Van Wijk [2021] NZHRRT 39 [pdf, 239 KB]

    ...is defined in HRA, s 62 as set out below. 9 62. Sexual harassment (1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment. (2) It shall be un...