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1. EB v U Ltd [2023] NZDT 77 (21 February 2023) [pdf, 203 KB]

   ...discussion in the hearing about what BZ had said to EB. BZ, of course, was the builder doing the work, and it was not his job to price work, or to deal with contract variations. If an alteration was to be made to the original contract specifications, information about any increase of price for that should have been given directly to EB from U Ltd itself, or from the quantity surveyor. I accept that no one from U Ltd spoke directly to EB about the increased price for breaker boards, and th...

2. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

   ...price related to the industry standard”, and that he did not recall receiving any follow-up written contract for the recruitment. [4] TX appeared as a witness for UH. He added to what he had said in the emails cited above by stating that he had informed BI that he had asked UH to search for suitable administrative staff for C Ltd. TX described himself as having been, at the relevant time, a “jack of all trades” for C Ltd. He had been an independent contractor, and had been authoris...

3. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...established. My order therefore clarifies that ZD must immediately pay $690.00 to HX if he has not already done so. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: E Paton-Simpson Date: 4 October 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...

4. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...made no order that affects J Ltd, as it will deal separately with MO regarding any obligation that it may have to him under his insurance policy. Referee: C Hawes Date: 20 June 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...

5. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

   ...breach of the vendor warranties in the Agreement, OC is entitled to a remedy. The law of contract says that this amounts to what is required “to financially restore the plaintiff to the position which it would have occupied had the contract been performed ..”1 14. OC has provided evidence that the heatpump was unable to be repaired. I find that she was therefore required to replace it and the cost of $2,800.00 seems reasonable. 15. However, OC now has a brand-new working heat...

6. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...were bound to refer any dispute in respect of the clause to arbitration. Following termination of Mr Bhikoo’s employment, he did not act in breach of the non-competition clause either in his capacity as a director/shareholder of SMHD or as a former employee. [7] There was disputed evidence in the Court hearing that Mr Bhikoo was supplied with an intended written agreement prior to commencement of employment. However, during the course of the hearing of the challenge, SMHD wa...

7. Gardiner v Corringe - Tauwhao Te Ngare Block (2008) 93 Tauranga MB 63 (93 T 63) [pdf, 4.7 MB]

   ...debt." [37] There are however other deftnitions of "demand", see for example in Jowitts Dictionary of English Law and the Encyclopaedic Australian Legal Dictionary which would seem to indicate that a "demand" signiftes a request or assertion of a legal right, addressed to a person to do or refrain from doing something or give something after request has been luade. Adopting those deftnitions the type of proceedings contemplated in this application fall outsi...

8. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 Was the parties’ contract frustrated, such that LK is entitled to a refund? 4. A contract is frustrated when an unforeseeable event occurs, for which the parties made no provision, and makes performance of the contract something radically different from that which was originally agreed. When a contract is frustrated, sums payable under the contract cease to be payable and sums already paid (including non-refundable deposits/payments)

9. SI v NI & DI [2022] NZDT 218 (29 November 2022) [pdf, 104 KB]

   ...DI and that it may have has such a switch installed. 5. DI had purchased the truck a very short time before he on-sold it to SI. When asked by the Tribunal (on two occasions) what price he purchased the truck for, he refused to provide that information. 6. Any applicant to the Tribunal has the task of establishing the legal and factual elements of its claim to the required standard. That standard is the balance of probabilities which means what is more likely than not. CI03...

10. 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...