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1. UH v KC [2023] NZDT 495 (1 November 2023) [pdf, 155 KB]

   ...seller makes a false statement of fact that the buyer relies on and is induced to enter into the contract on the basis that the statement was true. 7. UH said that from the advertisement she concluded that the engine started and ran well. She formed that view as the advertisement stated that “major engine work was done at 194204 km, very expensive work totalling over $9000 essentially resulting in a new engine” and that “it starts up instantly and enthusiastically and runs like...

2. EC v SX & HN [2023] NZDT 320 (3 August 2023) [pdf, 183 KB]

   ...redemption cost of the two vehicles already returned and the towing cost, as EC did not have the opportunity to reassemble the [motorcycle 1] before its return. Referee: E Paton-Simpson Date: 3 August 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 f...

3. FT v MU & T Ltd & U Ltd [2023] NZDT 470 [pdf, 227 KB]

   ...between T LTD and AB arising out of that separate agreement which Mr FT was not part of. c. It does remove T LTD’s primary liability to Mr FT to pay for the shipping costs of the FT container after receiving full payment for those shipping cost form Mr FT. 12. I find in breach of the contract between T LTD and Mr FT, T LTD has not paid U Ltd’s cost of shipping Mr FT’s container to [Country 1]. T LTD is therefore liable to pay the reasonable proven losses that arise out of that...

4. SM v BN & NN [2024] NZDT 387 (5 June 2024) [pdf, 192 KB]

   ...The issues I have to consider are: a. Who was the contract between? b. Was there a misrepresentation that induced SM into the purchase? c. If so, what remedy is appropriate? Who was the contract between? 7. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine whether BN or NN was selling the c...

5. LR v Accident Compensation Corporation (Claim for overseas rehabilitation costs) [2023] NZACC 29 [pdf, 183 KB]

   ...developmental delays and associated disabilities, including spasticity. However, the claim was declined because, at that stage, the Corporation was unable to establish an injury relating to treatment. The Corporation did not receive any further claims or requests for cover in the ensuing period of nearly three years. [5] On 24 May 2021, Ms Carrigan, advocate for the appellant, wrote to the Corporation. Ms Carrigan asked the Corporation to revisit its decision and confirmed that...

6. EH v B Ltd [2024] NZDT 423 (7 May 2024) [pdf, 155 KB]

   ...north-west wind resulted in spontaneous combustion. However EH has not been successful with her claim for the reasons outlined above. The claim is dismissed. Referee: L Thompson Date: 7 May 2024 Page 6 of 6 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...

7. Karena v Haines-Winiata - Te Koau A Trust (2015) 43 Takitimu MB 200 (43 TKT 200) [pdf, 217 KB]

   ...Bidwill Street, Mt Cook, Wellington 6021 kle@klelaw.com 43 Takitimu MB 201 Introduction [1] Wero Karena seeks an injunction, a judicial conference, and, I apprehend, a review of trust and the removal of the trustees of Te Koau A Trust. Mr Karena claims that the trustees have, in summary, breached their duties sufficient to warrant an investigation as to their removal. His principal complaint appears to be that the trustees have failed to maintain the trust property and provide...

8. Adams & Anor v Easthope & Ors [2014] NZWHT Auckland 10 [pdf, 67 KB]

   ...since the Tribunal decision dated 2 March 2012. In addition Mr Sayles has not made any submissions or provided any other information to suggest that there should be a change to the quantum orders made back in 2012. Mr and Mrs Adams however request that the interest awarded be updated and calculated through to the date of this decision. Cost of remedial work [8] Following the experts’ conference convened prior to the initial hearing the Council and the claimants agreed that...

9. FB v TY & TYY [2015] NZDT 1049 (10 December 2015) [pdf, 159 KB]

   ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. [11] Based on the evidence before me, TYY through its agent TY failed t...

10. Hourly-rates.pdf [pdf, 108 KB]

    ...should retain sufficient documentary evidence and records to be able to support each claim in the event of an examination and/or audit under the Legal Services Act 2011. As part of the Ministry’s assurance programs, evidence and records may be requested for the purpose of ensuring the work completed was actual and reasonable and the provider has fulfilled their legislative, contractual and professional obligations. Further information Further information on providers hourly rat...