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1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...