Search Results

1. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 KB]

   ...Ltd’s invoices? d) Is DS Ltd liable to pay damages for NI’s actions or omissions? What were the terms of the contract? 4. Contracting parties are generally free to agree their own terms. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. I Ltd negotiated some changes to DS Ltd’s standard terms, and although there was no signed contract until the later extension, the email trail provides sufficient evidence that both par...

2. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...home. 11. [Motor Company] diagnosed a faulty coil. SW rang L Ltd the next day and asked them to fix it for her. L Ltd offered to supply the coil free for her to have fitted at her cost, to return the car to their yard or to pay her $150. She informed L Ltd the estimate for fitting and supplying the coil was $300 - $450. It told her to find someone cheaper. 12. The car continued to ‘run rough’ and she emailed Ltd on 26 and 28 November to ask for help. SW had the car AA check...

3. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

   ...evidence, I am not able to conclude the quote was expressly discussed during these calls. Again, without more, neither party is able to show on the balance of probabilities that their recollection is more likely to be correct. 10. For a contract to be formed, there must be a clear agreement between the parties about the key terms of the contract. Here they agreed how terms of the contract would be reached – namely that an inspection of the property would occur and then M Ltd would pr...

4. CE v FG Ltd [2023] NZDT 333 (13 July 2023) [pdf, 100 KB]

   ...contract when he agreed to the variation. I find CE is not entitled to a refund. 26. The claim against FG Ltd is dismissed. Referee: Verdun Tawhara Date: 13th day of July 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 apply for a r...

5. KI v ST [2024] NZDT 870 (17 December 2024) [pdf, 96 KB]

   ...after it occurred. She moved her steers back into the paddock and discovered that the metal farm gate was damaged, she believes, from an impact with an unknown third party vehicle. The photos show that the metal gate is dented inwards and the bolt forming part of the gate latch has been ripped out of the post. What appear to be fresh skid marks on the verge leading to the gate can also been seen in the photos. 7. ST has also provided a receipt from February 2023 to show that a new roads...

6. Deputy Registrar - Succession to Irihapeti Toria (2024) 88 Te Waipounamu MB 271 (88 TWP 271) [pdf, 425 KB]

   ...94-106 (72 TWP 94-106). 8 Sadly, Matua Terry Ryan passed away in 2022. We acknowledge his passing, and his contribution to this matter. 88 Te Waipounamu MB 275 [17] During my consideration of the matter in chambers, on 27 February 2023 I requested that the Pae Tukutuku try to locate a copy of the adoption order or registration certificate for Florence in order to verify that Florence was indeed legally adopted by Merehana. [18] Following my instructions, the Pae Tukutuku...

7. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick [pdf, 355 KB]

   ...start of work the following day Employees will be rostered according to their availability. No employee will be compelled to work overnight shifts, where their availability does not specify overnight as available. From time to time you may be requested to work hours in addition to [your] work schedule. The Employer recognises that rostering hours is a difficult and contentious issue and will endeavour to ensure restaurant managers are aware of the importance of rostering empl...

8. Waitangi Tribunal - Interim report on the MV Rena and Motiti Island claims [pdf, 2.2 MB]

   .... . . . . . . 1 2 Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .1 Claimant submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .2 Crown submissions . . . . . . . . . . . ....

9. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...instructed their current representative, Ms Fechney, on 22 September. Ms Fechney wrote to the Domain Lead advising that she had been instructed and said that it would take time to meet with the plaintiff and familiarise herself with the file. She requested that the meeting be rescheduled for one of a number of days the following week. She also made a request for material relevant to her client’s case. The Domain Lead responded, providing the requested material and advising tha...

10. DE v TQ [2021] NZDT 1572 (20 July 2021) [pdf, 219 KB]

    ...from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation induced the party relying on it to enter into the contract, and that representation turns out to be incorrect, it is a misrepresentation to which s35(1)(a) of the CCLA applies. 8. TQ advertised the Boat for sale...