Search Results

1. DQ v IC [2023] NZDT 710 (17 December 2023) [pdf, 207 KB]

   ...was diagnosed by a veterinarian as having severe dysplasia. DQ is concerned about the ongoing impact of this on [the puppy] and the financial impact of surgical costs going forward. IC wishes to retain [the puppy] due to the strong family bond now formed, but she seeks a full refund of the $5,000.00 purchase price paid. 3. IC says the Agreement includes clear and specific terms including such circumstances, and she denies she is obliged to provide a refund. 4. The issues to be res...

2. NF Ltd v CM [2023] NZDT 379 (19 July 2023) [pdf, 204 KB]

   ...delivery. 33. The invoice sent states under the heading “terms of trade”, “should your account become overdue, full recovery costs will be added accordingly.” 34. While a supplier cannot add additional terms to a contract after it has been formed, this term was added at the start of the contract and before either party had performed their part of the contract. CM was informed in writing at the start of the contract that recovery costs would be added if his account became o...

3. Emtage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC166 [pdf, 288 KB]

   ...Chiropractic or fucken ane ... I don’t care. Whatever I can get in to see ... will keep you updated ... Docs at 12.15. … 2 weeks...got cert. Booked in for xrays and physio ... ffs” [5] On 6 May 2019, Dr Kamali completed an ACC injury claim form, giving the description of injury as: “Got hit by a heavy bar of the truck while emptying bin – paid work – impact with a sharp object.” Dr Kamali recorded the accident date as 3 April 2019. Dr Kamali’s diagnosis was con...

4. W v EQC [2021] CEIT-2019-0007 [pdf, 820 KB]

   ...and Mrs W seek an order from the Canterbury Earthquakes Insurance Tribunal (Tribunal) to reopen the settlement agreement between them and the Earthquake Commission (EQC) dated 19 August 2020 (Settlement Agreement). [2] The application takes the form of a Memorandum of Counsel and is now supported by an affidavit from Mrs W. EQC, in turn, has filed a Memorandum of Counsel, now supported by an affidavit from Mr West, opposing the application. The W’s have replied to that Memorandu...

5. MI v T Ltd [2023] NZDT 102 (10 March 2023) [pdf, 114 KB]

   ...order, MI may apply to the Tribunal for enforcement of a work order and should supply a quotation for the amount it would cost him to freight the goods back to T Ltd. Referee Perfect Date: 10 March 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...

6. KU v KG Ltd [2023] NZDT 18 (27 January 2023) [pdf, 195 KB]

   ...failing to provide what it agreed to. 9. The loss KU incurred was the cost of the voucher which was for $2,500. An order is therefore made for that amount. Referee: K Cowie DTR Date: 27 January 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...

7. TQ v B Ltd [2024] NZDT 43 (20 February 2024) [pdf, 165 KB]

   ...the terms of the Sale and Purchase Agreement required the respondent to remove asbestos. For that reason, the claim must be dismissed. Referee: B M Smallbone Date: Tuesday, 20 February 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 reh...

8. LC v NS [2023] NZDT 220 (18 April 2023) [pdf, 95 KB]

   ...insufficient basis to calculate any loss, as is a comparison to what they would have cost new and complete. 11. The claim would have failed on this basis also. Referee: A Hayes Date: 18/4/23 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...

9. N Ltd v P Ltd [2024] NZDT 751 (13 September 2024) [pdf, 208 KB]

   ...rebate of $3,300.00 for disruption to its business. P Ltd disputes the claim. 2. The relevant provision in the lease is ‘Partial Destruction’ which says at 27.1 3. If the premises or any portion of the building of which the premises may form part shall be damaged but not so as to render the premises untenantable ... the landlord shall with all reasonable speed expend all the insurance moneys received by the landlord in respect of such damage towards repairing such damage or rein...

10. LCRO 197/2013 RN v WB (7 August 2017) [pdf, 134 KB]

    ...WB’s conduct and fees was not necessary or appropriate. Background [2] Ms RN separated from her husband in March 2008, and in January 2009 instructed Ms WB to act for her. Ms RN was facing two issues: a potential claim against her and her former husband for a debt to a family trust (the trust) that may or may not have relinquished all of its interests in the family home to Ms RN and her husband while they were married; and the identification and division of property between M...