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1. DT v-S Ltd [2019] NZDT 1510 (30 September 2019) [pdf, 96 KB]

   ...the terms of the agreement? b) Should a refund be ordered under the Fair Trading Act 1986 (FTA)? Is DT is entitled to a refund under the terms of the agreement? 5. When interpreting a contract, the courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into CI0301_CIV_DCDT_Order Page 2 of 3 account the “factual matrix” surrounding the contract. The courts have held that any ambiguity i...

2. DC and SN v KH [2020] NZDT 1449 (23 September 2020) [pdf, 215 KB]

   ...reasonable losses suffered as a result of the collision? 14. As the claim has not been proven, the losses do not need to be addressed and the claim is dismissed. Referee: J Perfect Date: 23 September 2020 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...

3. BI v H Ltd [2023] NZDT 497 (20 September 2023) [pdf, 94 KB]

   ...occurrence from happening. 10. As I have found that H Ltd did not owe a duty of care to hazard mark the trailer drawbar, the claim is dismissed. Referee: Ms Cowie DTR Date: 20 September 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 fo...

4. LI v T Ltd [2023] NZDT 525 (10 October 2023) [pdf, 101 KB]

   ...T Ltd has not breached any legal duty that it owed to LI, and it is not liable for the costs that LI has incurred. 20. The claim must be dismissed. Referee: Nicholas Blake Date: 10 October 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...

5. UD v CE [2023] NZDT 73 (4 April 2023) [pdf, 199 KB]

   ...For these reasons, I find that the exception created in Rule 1.8 on this occasion should be applied and I find that CE is not liable for the damage he caused. Referee: C Murphy Date: 4 April 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 re...

6. T Ltd v R Ltd [2023] NZDT 100 (24 March 2023) [pdf, 193 KB]

   ...the validity of bank account details directly with the other business before paying accounts. This is particularly so when dealing with a new supplier. T Ltd also highlighted the fact that the email which sent the invoice to R Ltd was a [email platform] account and that should have alerted R Ltd to a possible problem. T Ltd said it appeared that NQ from R Ltd paid the account himself rather than using his bookkeeper. 17. NQ of R Ltd said he always pays accounts himself and he does not...

7. KK v Q Ltd [2023] NZDT 258 (29 May 2023) [pdf, 182 KB]

   ...concluded. I was unable to have a discussion with the parties to see whether the claim could be resolved by agreement, but given that the hearing had already lasted nearly 2 hours, I decided not to adjourn the hearing but rather to make a decision on the information that had been presented while KK was on the call. Is Q Ltd liable for any damage to the meat while it was being sent? 4. I am unable to make a finding that Q Ltd are liable for the damage to the meat because the contract...

8. KC & TC v B Ltd [2024] NZDT 278 (16th April 2024) [pdf, 181 KB]

   ...B Ltd has pointed out the multiple times the need for a [visa] is required for travel through [Country 2] on its website. It has pointed in particular to the first paragraph on the first page of its e-Ticket where under the heading “Important Information for [Country 2]:” it states. 15. “Customers transiting or entering the [Country 2] on the Non-immigrant Visa Waiver Programme should obtain a [visa] at least 72 hours before their departure date or earlier. Travel will not be permi...

9. TN v T Ltd & X Ltd [2024] NZDT 340 (24 April 2024) [pdf, 96 KB]

   ...and conditions and I do not consider that a breach of contract has been able to be proved in this case. For these reasons the claim must be dismissed. 12. I note that in any event TN has now received back his old phone, and can sell it on a platform such as [website]. He may well be able to realise there the amount that he has suggested the phone is worth, and so even if there had been a breach of contract by T Ltd or X Ltd, it is questionable whether any loss could have been proved....

10. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

    ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...