Search Results

1. QC Ltd (in liquidation) v WD Ltd [2020] NZDT 1326 (4 August 2020) [pdf, 213 KB]

   ...QCL the sum of $800.00. As this sum if GST inclusive, QCL is requested to issue a fresh or amended invoice for GST purposes. Referee: J Robertshawe Date: 4 August 2020 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 r...

2. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

   ...is 28 August. [15] On , the employer gave each of the respondents another letter. This one, after confirming disestablishment of their roles and dealing with the non- availability of redeployment, relevantly stated as follows: At our meeting you requested and we agreed to waive the notice period and to allow you to finish on [date 1]. We also agreed that your final pay would be processed on [date 1]. You will be paid out all wages and holiday pay owing up to Friday [date 1], plus 4 w...

3. [2023] NZREADT 12 - KD & DX v Donaldson (31 May 2023) [pdf, 214 KB]

   ...of 9 March 2023 from Ms Harkess concerning the adequacy of the complainants’ disclosure which will be addressed at a later stage of the process). THE APPOINTMENT OF AMICUS CURIAE [28] The Tribunal will deal shortly with the Authority’s request to be heard on this first referral seeking compensation. Given the significance of the issues raised, particularly the role of the Authority on referrals, it seeks the appointment of an amicus curiae (also known as standby counsel) to...

4. OP & EI v GJ Ltd [2019] NZDT 1305 (14 October 2019) [pdf, 186 KB]

   ...with the issues that arose, would not have wanted to buy them for this house (s21; s36). 11. The unusual features of the windows render them unsuitable for the applicants’ property and as a result, the consequences of not being adequately informed are considerable. Are the applicants entitled to a refund? CI0301_CIV_DCDT_Order Page 3 of 4 12. Where goods are supplied that are not fit for purpose, and that failure is substantial, a consumer is entitled to reject the goods...

5. BT v KG [2020] NZDT 1457 (16 March 2020) [pdf, 223 KB]

   ...email from Partridges to BT noted that it was surprised to be told by Rolex that this was not a genuine product. I find it more likely than not that if BT had asked Partridges to examine the watch prior to purchase he would have been given the same information that KG had been given as to its genuineness and value. The date on the valuation KG had was 7 November 2019, which was 5 days before BT agreed to buy the watch. 23. The Tribunal has to consider what relief should be granted.

6. TH & UH v DM & MT [2022] NZDT 262 (5 December 2022) [pdf, 218 KB]

   ...refund to the Buyer the difference between the price received from the new owner (if any) after deduction of any expenses incurred whilst the Dog is in the care of the Breeder.” 2. If the Dog HAS BEEN desexed, then the Buyer will immediately inform the Breeder and provide the contact details of the new owner, and the buyer will ensure that the new owner will abide by the terms and conditions of the contract to the extent that they remain relevant at the time of the rehoming. Did t...

7. ES Ltd v OH & TH [2024] NZDT 214 (28 March 2024) [pdf, 134 KB]

   ...identified but, he said, ES Ltd had not been given the opportunity to do so. He provided copies of emails from OH that emphatically stated that he and TH did not want ES Ltd to return to their property. [6] EQ said that he considered the work had been performed according to the scope of works, and that he would have attended to any defects if he had been allowed to do so. He noted that the house was some 70 years old, and that precision was not always possible in placing and securing fit...

8. NM v LK [2023] NZDT 216 (13 April 2023) [pdf, 181 KB]

   ...identical except that the report provided by LK had been edited, so that the references made by the vet to lameness had been removed. It was not apparent on the face of the edited report that any changes had been made. [6] NM said that she had informed LK of the nature of her [business] and had made clear her requirement that the horse be healthy. Because the vet report provided to her by LK had been completed only a short time before, NM did not obtain another one. She said she had reli...

9. KU v T Ltd [2024] NZDT 876 (15 September 2024) [pdf, 198 KB]

   ...reasons set out in Clause 9 above, I find it has not been proved that BL’s representation prior to purchase that the [car] had suffered no water damage was false. Did BL advise KU to go ahead and have the vehicle repaired? 12. KU says he kept BL informed about what he was doing, and that BL indicated that T Ltd would pay for the repair. 13. However, BL’s evidence is that he advised KU that the General Manager made decisions about post-sale repairs. BL said that he did not tell...

10. Q Ltd v EZ [2024] NZDT 860 (30 October 2024) [pdf, 123 KB]

    ...system and therefore he incurred unnecessary additional costs. The issues to be determined are: (i) Was there proper communication regarding the cost for the first call out? (ii) Was the price charged by Q Ltd reasonable? (iii) Did Q Ltd perform its services with reasonable care and skill when it identified the fault to be with the pump and control panel? Was there proper communication regarding the cost for the first call out? CI0301_CIV_DCDT_Order Page 2 of 4 6. I...