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1. 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...

2. 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...

3. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...proved to be particularly complex. The constitution of the Court [10] The Court was co-chaired by Judge AHC Warren of the Māori Land Court who also holds an alternate Environment Court warrant, and Judge JA Smith of the Environment Court. They formed a court together with Commissioners S Myers and 5 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130. 6 McCallum Bros Limited v Auckland Council [2024] NZEnvC 75. 7 McCallum Bros Limited v Auckland Council [2024] NZEnvC 72.

4. 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)

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. BS v NT [2025] NZDT 51 (13 March 2025) [pdf, 188 KB]

    ...athlete and receive discounted rates in exchange for promoting BS as her trainer and allowing photographs and videos to be displayed. NT accepted she was a sponsored athlete receiving a reduced rate, but did not consider she had been adequately informed about any obligations she had. 3. BS initially invoiced NT the sum of $735.00, of which $635.00 was paid. BS now claims a further $1,025.00, being the non-discounted rate for her services on the basis that she did not receive any prom...