Search Results

1. SN v MT Ltd [2022] NZDT 220 (3 November 2022) [pdf, 98 KB]

   ...vehicle in a commercially operated carpark, they enter a contract with that company. The carpark operator must set out the terms and conditions of parking clearly and accurately on their signage, so the driver has reasonable opportunity to read and inform themselves of them. 6. SN argued that signage in the carpark was insufficient and unclear. He described the sign at the entrance as being very small and argued that there was not enough effort put into highlighting that it is paid pa...

2. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   ...Page 2 of 4 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 11. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation were...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. Adams v ACC [2015] NZACA 3 [pdf, 69 KB]

   ...accident, in order to calculate the appropriate level of ERC. [6] The solicitor for Mr Adams wrote a letter to the Corporation on 28 June 1979 recording that no weekly compensation had been paid since 13 May and acknowledging that the Corporation had requested certain financial information. [7] The solicitor advised the Corporation that Mr Adams had earned $10,900 in the year ending 31 March 1978 working for Murupara Motors. In the year ending 31 March 1979, being the year of the a...

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. [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...