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1. Q Ltd v EZ [2024] NZDT 860 (30 October 2024) [pdf, 123 KB]

   ...system and therefore he incurred unnecessary additional costs. The issues to be determined are: (i) Was there proper communication regarding the cost for the first call out? (ii) Was the price charged by Q Ltd reasonable? (iii) Did Q Ltd perform its services with reasonable care and skill when it identified the fault to be with the pump and control panel? Was there proper communication regarding the cost for the first call out? CI0301_CIV_DCDT_Order Page 2 of 4 6. I...

2. BD & NT v S Ltd & C Ltd [2024] NZDT 769 (4 October 2024) [pdf, 105 KB]

   ...to replace the driveway ranging from $10,202.52 to $14,708.50 including GST. However, the clients raised a number of issues with these, including that they only covered the driveway and not the path or slab or utilities, were based on incomplete information, and appeared to be provided at “mates’ rates” by friends of the subcontractor. Also, the respondents’ quotations were based on machine removal, but this would not be possible for the path and would involve a risk of damage to t...

3. IN & TN v D Ltd [2024] NZDT 446 (23 April 2024) [pdf, 197 KB]

   ...comparing IN and TN’s finished property with one that didn’t have the compromising changes to the yard and wardrobe space, given the permanent loss of amenity. Referee Perfect Date: 23 April 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 re...

4. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...months for a resolution, but were no further forwards. TH therefore would construct a fence on her land at her cost. She wanted her privacy restored and for HM and AM to stop coming onto her land. 7. After the fence was constructed, a neighbour informed TH that AM was spray painting her fence. Both the Police and the Council were called. The Council confirmed to HM and AM that the fence was inside TH’s boundary by having them tie a string line between the boundary pegs. 8. T...

5. [2011] NZEmpC 22 Bachu v Davie Motors Ltd [pdf, 86 KB]

   ...Bachu set out his allegations in writing. Earlier, having received some telephone indication from Mr Bachu as to his allegations, the chief executive officer had commenced an enquiry within the company of those alleged to have been involved. He formed the view that the allegations of Mr Bachu were unfounded. [4] Matters appeared to rest there. Mr Bachu in his written documents had indicated that he would not be returning to work and as the second of the two written documents...

6. Notman v Accident Compensation Corporation [2016] NZACA 01 [pdf, 112 KB]

   ...the opportunity to monitor the claimed entitlement over more than 35 years ([2015] NZACC 237 at [28]). [46] At the same time, the Authority was reminded of the District Court’s line of cases requiring careful scrutiny of later medical opinion formed without the benefit of contemporaneous examination and diagnosis. [47] Mr Notman does not have any other medical evidence, particularly evidence contemporary with the relevant period from 1975 to 1992, supporting his claim to have...

7. Hooker v Director-General of the Department of Conservation (2012) 38 Taitokerau MB 219 (38 TTK 219) [pdf, 179 KB]

   ...that rule 14(2)(b) of the Māori Land Court Rules 1994 requires applications by which payment of a sum of a money is required to be specifically pleaded. This was not done and nor were any details relating to damages addressed in evidence. The request for monetary damages should not, he submitted, be taken any further. [15] Counsel also contended that, if the Court were minded to award damages, which were opposed, they should be nominal only and not exceed three figures given the sp...

8. Ngati Rangitihi Claims Settlement Bill [PDF, 902 KB]

   ...of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Acts Whether right to bring civil proceedings in s 27(3) at issue 8. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 9. This clause might be seen to raise an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring civ...

9. TO Ltd v DD Ltd [2019] NZDT 1462 (11 December 2019) [pdf, 196 KB]

   ...show that the buyer relies on the seller’s skill and judgment, and the goods are of a description that it is in the course of the seller’s business to supply. 5. With the proposal DD LTD provided a page entitled Conditions of Sale, and an information sheet on testing packaging and products. 6. The conditions of sale include a subheading “fit for purpose” which states: “we do not warrant the goods supplied to be compatible with any particular product or manufacturing

10. QH v KH [2020] NZDT 1467 (2 December 2020) [pdf, 188 KB]

    ...currently work and it is not known exactly when it stopped working. It is shown working in the marketing photos for the property. In the emails presented, the pool light is noted to be functioning on 12 June, 4 days before settlement. By 3 July QH had informed the real estate agents that it was not working. There is no further evidence as to when it failed. For these reasons I find that it is not proven on the balance of probabilities that the light failed prior to settlement. Therefore,...