Search Results

1. 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...

2. [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...

3. 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...

4. 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...

5. 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

6. 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,...

7. NT v BP Ltd [2022] NZDT 5 (17 January 2022) [pdf, 181 KB]

   ...“unit” is defined as the whole pallet (s247(1)(c)(i)). 10. The liability of the respondent is therefore limited in this case to $2,000.00. Referee: J Robertshawe Date: 17 January 2022 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...

8. KN v BT [2020] NZDT 1365 (9 December 2020) [pdf, 101 KB]

   ...further agreement regarding the driveway fence but no agreement was ever reached. Is BT liable to contribute to the cost of the driveway fence as claimed by KN? 9. Once no agreement was reached regarding the driveway fence, KN needed to issue a formal fencing notice to BT. This is required by section 10 of the Fencing Act 1978, and the Act details what is required to be specified in such a notice. 10. KN’s email to BT of 31 July 2020 contained 4 quotations as attachments an...

9. FD v TN & N Ltd [2024] NZDT 30 (25 January 2024) [pdf, 148 KB]

   ...probabilities. 10. As a result of the above finding, TN was not negligent and is not liable for the losses suffered by FD/J Ltd as a result of the collision. Referee Perfect Date: 25 January 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 re...

10. CD Ltd v CO Ltd [2022] NZDT 279 (10 November 2022) [pdf, 101 KB]

    ...interest on the claimed amount in accordance with the Interest on Money Claims Act 2016. Interest totals $171.41, so the total amount payable by CO Ltd is $9152.91. Referee Perfect Date: 10 November 2022 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...