Search Results

1. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...In conjunction with the adjournment, consent was again sought from Mr Hart to the matter being dealt with on the papers as I considered all material necessary to complete the review was available on the files. [11] On 20 April 2012, a follow-up request was sent to Mr Hart. No reply was received and thereafter, the Case Manager had extreme difficulty in obtaining a response from him. On 8 May 2012, I therefore issued a Minute which included the following: [8] Given the difficulty...

2. DN & LO v EK [2022] NZDT 78 (7 June 2022) [pdf, 153 KB]

   ...(‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its services with reasonable care and skill (section 28, CGA). 14. The pre-purchase inspection report provided by EK gives information about the scope of the inspection in the form of a disclaimer on the final page. That states “This report is based on a visual inspection of the dwelling to those parts reasonably accessible on the day of inspection. Hous...

3. TT v BQ [2023] NZDT 138 (4 April 2023) [pdf, 195 KB]

   ...intended to establish that he, BQ, had made constant attempts to contact TT and to persuade him to come to the site to complete the work. Finally, BQ had engaged another electrician to finish the job so that he could complete the necessary compliance formalities. BQ provided evidence that he had had to postpone two [City] City Council inspections because TT had not returned to complete the electrical work. This had caused stress and expense to BQ and his family. [10] BQ said, which TT di...

4. UI v DW Ltd [2021] NZDT 1528 (8 September 2021) [pdf, 245 KB]

   ...for an abdominal scan. The specialist suggested by EH could not see Brownie until the following Tuesday. UI considered Brownie too ill to wait until then, so she phoned N and I in [City] who were able to see Brownie that day. An ultrasound scan performed by N and I on Friday 14 December confirmed fulminant pancreatitis with some oedematous areas with risk of abscessation. Brownie was, as described by Dr N of N and I, “very very sick”, and he went on to receive intensive care treatment...

5. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...know the extent of the case he has to answer. [2] The determiner of relevance in any proceedings is the pleadings. Although similar causes of action against the Whanganui District Health Board (the Board) have now been settled with Mr Musa, its former Chief Executive Officer (CEO), claims for penalties for breach of a settlement agreement and for breach of his employment contract are still for hearing against the second defendant who is and was at all material times a m...

6. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

   ...time, so a reasonable consumer who is unfamiliar with automatic watches would need a clear explanation of the watch’s functionality in order to assess whether it would be acceptably reliable. In the absence of prior knowledge or a sufficiently informative explanation, I find that the watch was not acceptably fit for purpose under CGA s 7. 11. Additionally, CGA s 9 requires goods to be reasonably suitable for any particular purpose made known, expressly or by implication, to the supplie...

7. MI Ltd v QD Ltd [2022] NZDT 205 (18 July 2022) [pdf, 98 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 205 APPLICANT MI Ltd RESPONDENT QD Ltd The Tribunal orders: MI Ltd’s claim against QD Ltd is dismissed. Reasons: 1. The applicant purchased a pilates reformer and tower from the respondent on Trade Me. The cost for the reformer was $4,300.00. The applicant claims the reformer bed was not in the condition it was represented to be in the Trade Me advertisement and claims $1,740.89 which has be...

8. H Ltd v KB [2022] NZDT 254 (20 December 2022) [pdf, 94 KB]

   ...Background 3. KB met one of the directors of H Ltd, QH, through a mutual friend. She says he offered to do her bathroom renovation for her. She says she thought he was going to do the work himself and that the arrangement would be relatively informal: what she termed “friends helping friends”. It was only later that she discovered that his company was going to do the work. 4. Part way through the work, KB asked QH if the work would cost more than $15,000.00. A few days later...

9. BZ v OJ [2023] NZDT 221 (24 April 2023) [pdf, 97 KB]

   ...about the overall condition of the van, but rather a more specific comment. In any event, OJ said he qualified this statement but telling BZ that the van had not been used recently. In essence he was signalling that he did not have up to date information about the van. 16. OJ said he did not say that the van would “breeze through a WOF”. He accepted he might have said that she should not have any problems taking it for a WOF as far as he knew. He said that he would not have mad...

10. KD & DF v L Ltd [2024] NZDT 775 (20 August 2024) [pdf, 142 KB]

    ...workmanship into the future, as the respondent does himself. 29. Accordingly my order is as above, and the respondent’s counter-claim is dismissed. Referee: John Hogan Date: 20 August 2024 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 reh...