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1. LQ & SC Ltd v DD [2021] NZDT 1344 (31 March 2021) [pdf, 214 KB]

   ...and compensation and if so, how much. CI0301_CIV_DCDT_Order Page 2 of 4 Has there been a misrepresentation? 8. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract was formed, upon which the purchaser relies, that proves to be wrong. If there has been a misrepresentation, the purchaser is entitled to a remedy, even if the misrepresentation was made innocently and not deliberately. 9. The onus lies with an...

2. Montgomery [2010] NZWHT Auckland 32 [pdf, 85 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The letter from Nigel Montgomery dated 20 October 2010. The assessor’s report dated 26 July 2010. The letter from Scott Murray of the Department of Building and Housing to the claimants dated 28 September 2010 ad...

3. Smith v Wellington City Council [pdf, 146 KB]

   ...estimates were prepared in July 2005, and the Owners have asked that an 8% increase be added to these estimates to accommodate the rises in the costs of labour, materials and building generally since July 2005. I think that this is a reasonable request, and it is in line with my own knowledge of current building costs. This increases the repair costs from $137,812.50 to $148,837.50. 6.6 Betterment. Ms Divich made submissions on the need to reduce the amount of remedial costs...

4. LM v TT [2022] NZDT 166 (2 November 2022) [pdf, 109 KB]

   ...understanding of both parties that it was non-refundable. 14. I find the deposit is refundable because it has not been proved it was non-refundable. In addition, it is not usual for a deposit to be sought or paid until an unconditional contract has been formed. An enforceable contract was not formed because any agreements there might have been were not committed to paper in a Sale and Purchase Agreement as is required by law. 15. I find that Mr TT is entitled to retain $1,265.0...

5. LS & NA v B Ltd [2024] NZDT 635 (25 November 2024) [pdf, 167 KB]

   ...known to them, and I therefore find that B Ltd are not liable to either refund or compensate the applicants for their misfortune in breaking down at that time. Referee: J Perfect Date: 25 November 2024 Page 2 of 2 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. KI v ST & C Ltd [2024] NZDT 585 (10 September 2024) [pdf, 176 KB]

   ...to KI of $350.00. In my view this covers the slats that were missing, the valance cover that was missing for the bed base and inconvenience of service provided. Referee: S Connell Date: 10 September 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 for a re...

7. [2022] NZEmpC 189 Carver v Metallic Sweeping (1998) Ltd [pdf, 184 KB]

   ...time for allegedly failing to make material disclosures when he was re-employed. [10] At the hearing Mr Carver explained that the purpose of his application for leave was not to seek any order relating to his second dismissal. It was a request for time to enable him to gather evidence to support his claim relating to the first dismissal. Submissions about Mr Carver’s application proceeded on that basis. Discussion [11] Mr McGinn, counsel for Metallic, submitted that...

8. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [pdf, 272 KB]

   ...to New Zealand and place them into acceptable investments. [8] The complainant completed the transfer of the funds to New Zealand in February 2016. [9] On 22 February 2016, Ms Li sent the transfer documents to Immigration New Zealand and requested confirmation that the funds had been correctly transferred. She advised that once the agency had confirmed the transfer, the complainant would invest the funds in acceptable investment items. [10] On 16 September 2016, Immigration N...

9. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [pdf, 182 KB]

   ...obliged to complete the contract in accordance with the agreement between the parties. The terms and conditions states that either party can terminate the agreement with not less than 7 days’ notice should either party “fail substantially to perform in accordance with the terms of this agreement through no fault of the party initiating the termination.” 46. I am satisfied that the failure by N Ltd to be able to complete the work for the agreed amount, even including the gener...

10. O'Neill v Accident Compensation Corporation (Cover) [2024] NZACC 191 (26 November 2024) [pdf, 250 KB]

    ...follows: “Had been picking up heavy items at work and had sudden pain in R groin”. The date of accident was recorded as 7 December 2022. [9] After the claim was lodged, the Corporation contacted Mr O’Neill by telephone to obtain further information about the accident. According to the record of the conversation completed by a case manager, the accident was described by Mr O'Neill as follows: Moving couch on back of transit van with another colleague, he was getting...