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1. ET & HT v SX [2024] NZDT 139 (16 March 2024) [pdf, 229 KB]

   ...CCLA, whether there has been a breach of those terms and, if so, to what remedy is ET and HT entitled. Findings The contract 5. No written contract was entered into. Both parties are members of Dogs NZ which does provide a written form of contract but neither availed themselves of the use of the form. Consequently, the sale was simply an exchange of ownership of the dog for the price paid. As [dog] is registered with the NZKC, the appropriate paperwork was signed for reg...

2. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...Tomov v Auckland Council [2012] NZWHT Auckland 34. 4 hearing the claimants withdrew their claim against these respondents and they are therefore removed. The agent, Kim Robinson, gave evidence at the hearing after being summoned at the request of the Council. [6] The sixth respondent, PBS Distributors Limited (PBS), supplied the Ventclad cladding system to MHD. PBS complied with orders for discovery but took no other steps and did not appear at the hearing. PBS went i...

3. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...(2009) 7 NZELR 1. 4 Waikato District Health Board v Clear [2010] NZCA 305. conditions. The Employment Court also found that Ms Clear‟s dismissal was unjustifiable. [5] During the three-year period between 2000 and 2003, Ms Clear made four formal written complaints to her employer about Ms Parata‟s conduct. The Court of Appeal described the first three complaints in these terms: [9] The first complaint [October 2000] focused on the stress Ms Clear said had been caused...

4. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

   ...legally binding contract between the parties, in particular did the parties intend to create legal relations between them? 5. A legally binding contract arises when two parties agree about the same thing for an exchange of value, for example the performance of services in exchange for money. If the relationship between the parties is close, for example friends or family, it may be that the parties do not intend a legally binding contract to arise, even where the other elements of a co...

5. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...change to the shower, BC points out that that occurred before the job had even started and that the change was agreed to by WN. I accept that because the original quotation refers to the shower being tiled. The method and the cost of tiling therefore formed part of an amended scope of contract, but I am not persuaded that BC adequately made known to WN the further implications of this change in terms of needing an amendment to the Council consent, and also that the tiling and waterproofi...

6. MQ v CS [2024] NZDT 566 (29 July 2024) [pdf, 214 KB]

   ...care and skill”1. 7. This obligation extends to all parts of the job – not just the “hands on tools” work, but quoting, and communicating with the customer. 8. If a person gives a quote or estimate for a job, the price that they give forms part of the terms of the contract. 9. A quote is a fixed price. An estimate is an approximation. The extent to which a person can be held to an estimate depends on the circumstances. Sometimes an estimate is close to a quote – it is...

7. Filing a financial statement of judgment debtor individual [pdf, 362 KB]

   MOJ208/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 13 INDIVIDUAL When should I use this form? This form lets the judgment creditor find out more about a judgment debtor’s ability to pay a judgment debt. It also lets the judgment debtor provide information so that a financial assessment can be completed without a hearing being required. Use this form if all the following apply: • you are either the judgment credit...

8. [2018] NZEmpC 121 Solid Roofing Ltd v Newman [pdf, 223 KB]

   ...Newman v Solid Roofing Ltd [2018] NZERA Auckland 214. determination dated 15 August 2018, the plaintiff was ordered to pay costs to the defendant in the sum of $5,000.2 [2] In addition to commencing the challenge by filing a statement of claim, the plaintiff has also filed an application for stay of proceedings. In effect, this is an application for an order staying enforcement of the monetary awards, although the application does not include the subsequent determination...

9. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...contact at [bank] but was advised that the bank did not want to speak directly to HY. HY offered to take photographs of the moisture meter readings for an additional fee of $200 plus GST. 4. GA decided to engage another inspector to provide the information his bank required. 5. GA now claims a refund $736.00, being 80% of the price paid on the basis that R Ltd’s report was not sufficient to satisfy the bank. Issues 6. The issues for the Tribunal to determine are: (a) Wheth...

10. TC v CC [2024] NZDT 470 (13 June 2024) [pdf, 139 KB]

    ...apparent that there had been a leak for some time, which was not covered by insurance. 12. I find that the black mould discovered in 2022 was completely cleaned up before the stairwell was regibbed and re wall papered. A record of drying conditions form was provided which the repairer had completed when undertaking the drying process. There is also evidence that an anti-microbial treatment was twice applied as a make safe. 13. I reject any suggestion that the stairwell was regib...