Search Results

1. KQ v UN [2024] NZDT 52 (19 January 2024) [pdf, 127 KB]

   ...damage to [car 2]. This is sufficient proof of liability in a civil claim. UN is therefore liable for the total repair costs for both cars of $10,237.93. Referee: E Paton-Simpson Date: 19 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...

2. NC v HU [2023] NZDT 692 (21 December 2023) [pdf, 193 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

3. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...SECOND RESPONDENT TC The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2023, TT purchased a tenanted two-bedroom apartment with a carpark in [suburb] from TC for $29,000.00 at an auction held by D Ltd. TT was informed by the tenants during the pre-settlement inspection that there was a leak in the sink and shower. Settlement went ahead, but TT subsequently resold the apartment to her property manager, who had originally managed the property for TC...

4. ABY v ZYF [2013] NZDT 125 (17 September 2013) [pdf, 58 KB]

   ...claim is dismissed. Facts [1] The Applicant purchased a motor vehicle, a 2002 [vehicle] from the Respondent on 4 February 2011. This agreement is evidenced in writing and includes 24-month [insurer] warranty cover. [2] The Applicant claims that a term of this agreement of sale and purchase was that the Respondent would repair at its own cost any subsequent fault with the vehicle for 12 months after the sale. The Applicant further claims that the vehicle failed twice...

5. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

   ...family to reclaim possession of the land and the house. She also expressed concerns about the chattels in the house. This application was filed with the application under section 20/1993. In support of the application Ms Brokenshaw filed an affidavit requesting that the Court consider the following. First of all that she had filed an application under section 18(1 )(a)/1993 determining ownership of the house and garage on Te Kaha B6X2. Secondly, that the block was owned jointly by herse...

6. [2014] NZEmpC 146 Rimene v Doherty and Natusch Group Limited [pdf, 63 KB]

   ...“There is a lot of money at stake that has become an issue between them both." 3 In brief, Mr Doherty was engaged in the purchase and renovation of properties in New Zealand for rental and Mr Rimene began working for him. Later Mr Doherty formed Natusch Group Limited. One of the issues in the case was whether the Natusch Group Limited ever became Mr Rimene's employer. There were a number of other issues. Suffice it to say that the Authority concluded that Mr Rimene...

7. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...moving BX’s household contents from their residential tenancy address in [Suburb] to their new tenancy address in [City]. The email stated, “All your items will be fully insured while in transport. Please refer to our terms and conditions and inform us if you are interested in grabbing this deal.” The BXs booked the move for 15 and 16 January 2018, and paid FN Ltd’s invoice in advance. 2. BX now claims $4,498.99 for damage to a refrigerator, a gas heater, a coffee table and a sid...

8. CU v QD Ltd [2022] NZDT 48 (19 May 2022) [pdf, 216 KB]

   ...into the belief that turnaround could be on a next day, or next day plus additional day, basis. Accordingly I find CU’s claim does not succeed and is dismissed. Referee: W Lang Date: 19 May 2022 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...

9. HD v MN [2023] NZDT 491 (20 October 2023) [pdf, 186 KB]

   ...agreement upon his default. Initially, HD claimed $18,317.56, which he amended during the hearing to a claim for $8,758.78. Who were the parties to the loan agreement? 2. At the time the loan agreement was executed, HD was still married to his former wife, DD. HD and DD separated on 19 September 2022 and settled their relationship property in an agreement dated 31 March 2023. The last loan repayment made by MN was on 29 March 2022, which pre-dated this separation. 3. HD said al...

10. SN v UQ Ltd [2024] NZDT 349 (29 April 2024) [pdf, 102 KB]

    ...consumers. One example is that when providing services, the services must be provided with reasonable care and skill. This usually means that professional standards must be met. Advice about what work is necessary can often be separated from the performance of the work itself, if the person doing the work was not required to give advice in the circumstances of a particular case. Both advice and the performance of work are examples of services to which the CGA applies. 6. I note tha...