Search Results

1. BD & NT v S Ltd & C Ltd [2024] NZDT 769 (4 October 2024) [pdf, 105 KB]

   ...to replace the driveway ranging from $10,202.52 to $14,708.50 including GST. However, the clients raised a number of issues with these, including that they only covered the driveway and not the path or slab or utilities, were based on incomplete information, and appeared to be provided at “mates’ rates” by friends of the subcontractor. Also, the respondents’ quotations were based on machine removal, but this would not be possible for the path and would involve a risk of damage to t...

2. 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...

3. GO & NO v P Ltd [2025] NZDT 163 (13 May 2025) [pdf, 199 KB]

   ...is) not unusual. Accounts do not have to be set up ‘in store’. In the modern world consumers expect the convenience of setting up an account online or over the phone. 16. KD explained that if an account applicant provides driver’s license information as identification, the way that P Ltd verified the identification was that it was checked against the NZTA database. 17. This process would identify if a person used false (made-up) information, but it cannot identify if a person...

4. JB v BL [2025] NZDT 226 (11 June 2025) [pdf, 103 KB]

   ...firstly he says BL did not install a new cylinder head, contrary to what was agreed. 11. Secondly, JB in effect claims that the failure of the engine alone, so relatively soon following the repair is itself a sign of the service not having been performed with reasonable care and skill. 12. I note that the refurbishment was carried out in May 2023. On the evidence before me, it is clear BL had advised JB to change the radiator too, but JB did not want to do so, being unable to affor...

5. Soulsby v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 31 [pdf, 301 KB]

   ...February 2024 Held at: Auckland District Court Appearances: J Robinson for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 19 February 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for interest on weekly compensation - s 114(1), backdated weekly compensation – s 105, cl 43, Sch 1, alleged delay, s 134(1)(b), Accident Compensation Act 2001 (“the Act”)] Introduction [1] These are appeals from the follow...

6. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...months for a resolution, but were no further forwards. TH therefore would construct a fence on her land at her cost. She wanted her privacy restored and for HM and AM to stop coming onto her land. 7. After the fence was constructed, a neighbour informed TH that AM was spray painting her fence. Both the Police and the Council were called. The Council confirmed to HM and AM that the fence was inside TH’s boundary by having them tie a string line between the boundary pegs. 8. T...

7. QH Ltd v XD Ltd [2022] NZDT 98 (1 September 2022) [pdf, 138 KB]

   ...(‘CCLA’)? • What is payable by XD Ltd, if anything, under the contract? Did XD Ltd accept the goods provided by QH Ltd as per the Sale of Goods provisions in the Contract and Commercial Law Act 2017 (‘CCLA’)? 9. As soon as the contract was formed, the boxes became the property of XD Ltd, irrespective of the arrangement to deliver some or all of the boxes at a later date (as per section 146 of the CCLA). 10. Section 170(1)(b) and (c) of the CCLA provides that:- �...

8. W Ltd vJ Ltd & ZD [2025] NZDT 252 (17 June 2025) [pdf, 187 KB]

   ...pay W Ltd? Is J Ltd contractually liable to pay the invoice? 5. A contract exists where two parties make promises to each other to exchange something of value. ZD, as the director of J Ltd, completed and signed a Credit Account Application Form with W Ltd and signed W Ltd’s Terms of Trade in October 2023 (Terms). The Terms set out the terms of the contract between J Ltd and W Ltd. 6. W Ltd advised that J Ltd has purchased goods from W Ltd over a number of years. W Ltd invoi...

9. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...while attaching the rope to the span wire, Mr Smith experienced a sensation he later described as a tingle, indicating the span wire was carrying an electric current and he may have experienced an electric shock. [7] This incident formed the basis of a disciplinary investigation that led to Mr Nathan’s dismissal. On 26 June 2013, Mr Nathan was stood down pending an independent investigation. Throughout Broadspectrum’s investigation, and in Court, Mr Nathan mainta...

10. 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