Search Results

1. CW Ltd v KI [2020] NZDT 1359 (21 October 2020) [pdf, 194 KB]

   ...booklet. Further KI points out that what she intended to be the interior cover could not have been the main cover as it does not contain her name as author and illustrator as one would expect to see on a main cover. I accept that there was sufficient information available to QQ that they should have realised, or at least sought to clarify, that the complete booklet was made up of two files. 12. However, unfortunately KI confirmed the mistake, first by accepting the quotation for 28 pr...

2. SN v CU & KU [2023] NZDT 167 (4 May 2023) [pdf, 160 KB]

   ...liable to contribute in equal proportions to work on a fence.” 4. The provision of the Act that is relevant is section 10. Under section 10 an occupier who wishes the adjacent occupier to contribute to the fence “shall serve him a notice in form 1 of Schedule 1 or to the like effect.” 5. Where immediate work is not required, section 10(4)(c) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to t...

3. UW v X Ltd [2022] NZDT 290 (12 December 2022) [pdf, 185 KB]

   ...downplay UW’s ability. UW contacted DQ from OQ Ltd when he didn’t get the PG2 licence from X Ltd. DQ viewed footage of UW paragliding and stated that UW could not control forward and reverse inflations sufficiently for a PG2 licence. UW was informed of this. DQ records that UW responded that he would practice. 6. The second instructor that considered UW to be too unsafe to issue a PG2 licence to at the time was OI, [redacted]. She along with three other instructors at Q L...

4. EI & RA v IL [2023] NZDT 114 (2 March 2023) [pdf, 209 KB]

   ...from the collision. The damage is consistent with the nature of the impact and includes repair of the denting and scraping on the left front of IL’s vehicle. Referee: Kaho Date: 2 March 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 rehe...

5. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...the amount that she should have paid to have the cabin built to an acceptable standard. e. IT is not obliged to pay CV. f. CV’s claim is dismissed. Referee: Nicholas Blake Date: 31 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 reh...

6. ED v UQ [2023] NZDT 305 (19 June 2023) [pdf, 205 KB]

   ...in had the representation regarding the horse’s condition been true, she is entitled to claim $2,060.47 in damages. Accordingly, this amount is awarded. Referee: DTR Fuli Date: 19 June 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 rehe...

7. V Ltd v BS [2023] NZDT 695 (8 December 2023) [pdf, 154 KB]

   ...a personal guarantee he would reimburse V Ltd for any ‘clawback’ paid to [insurance company], which is not enforceable because it is not compliant with s27(2). 8. A personal guarantee is a binding undertaking someone gives to guarantee performance of a party to a contract of which the party giving the guarantee is not a contracting party, and which is enforceable against the guarantor by the other party to the contract. If the contract between [Insurance Company] and V Ltd was si...

8. TI v HQ [2024] NZDT 897 (18 November 2024) [pdf, 182 KB]

   ...the amount claimed is reasonable and should be paid in full. 13. J Ltd has provided an invoice for the replacement awning and HQ has not challenged the amount. Referee: G R Meyer Date: 18th November 2024 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 rehe...

9. TM v BC Ltd [2023] NZDT 774 (7 December 2023) [pdf, 195 KB]

   ...to remedy any failure, his claim must be dismissed. Referee: C Price Date: 7 December 2023 CI0301_CIV_DCDT_Order 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...

10. Smethurst [2015] NZWHT Auckland 2 [pdf, 139 KB]

    ...owners to seek a review of MBIE’s decision that the claim does not meet the eligibility criteria. I further noted that any such application for review must be filed within 20 working days of receiving the relevant notice from MBIE. I accordingly requested Mr Smethurst to send me the following information:  A copy of the notice from the Department of Building and Housing or MBIE declining eligibility.  Copies of documents that he referred to that established that building...