Search Results

1. LI v KC [2025] NZDT 115 (26 February 2025) [pdf, 193 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 road includes— (a) a street; and (b) a motorway; and (c) a beach; and (d) a place to which the public have access, whether as of right or not; and (e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway or a place referred to in paragraph (d); and (f) all sites at which vehicles may be weighed for the purposes of the Act or any other enactment 9. I consider the forecourt and driveway of a petrol

2. Dodd [pdf, 90 KB]

   ...note. She suggests it is therefore unreliable to take this as a final inspection. She submits that there is in fact no evidence on the Council file which states when the final inspection took place. [8] Ms Dodd further submits that the information now available suggests that it is likely the property was not occupied until September 1999 at the earliest and may not have been until 2001 when the gas was supplied. Ms Dodd also submits that the date the Department of Building...

3. [2012] NZEmpC 130 CPC (New Zealand) Ltd v Dunlop [pdf, 77 KB]

   ...they were not breaching the terms of our employment agreement and our arrangements for a friendly exit. ... Therefore all the time and cost incurred for John [Tannahill] is a direct result of the other party’s failure to provide information as requested, and of course a function of their attempt to succeed with a substantial alternative claim. [7] Mr Parbhu also made a number of other allegations against Mr Dunlop and his counsel, Mr Tannahill, and he attached to his submission...

4. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...encountered difficulties starting the Car; with battery reliability; and with dashboard warning lights appearing. I accept ML’s evidence she obtained an initial diagnostic check some 5 days after purchase, which indicated a range of faults. This information was passed onto KD, however after some initial assistance, KD stopped responding to messages. ML sought legal advice and obtained a more detailed diagnostic report from DI. This noted cylinders misfiring and the need for alternato...

5. CL & HD v T Ltd & S Ltd [2023] NZDT 72 (14 February 2023) [pdf, 223 KB]

   ...report. I find that the cost of this report is a consequential loss claimable under the CGA in this case. Therefore, S Ltd must pay CL and HD, $20,348.30. Referee: Ms Gayatri Jaduram Date: 14 February 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...

6. SX v Q Ltd & TX [2024] NZDT 112 (9 February 2024) [pdf, 196 KB]

   ...management company but Q Ltd repeatedly failed/refused to do so. 14. The day before the first hearing on 5 October 2023, Q Ltd made a substantial written submission, which included multiple inspection reports that SX had never seen before, in a format inconsistent with previous reports. 15. SX files this claim seeking $25,524.32 for a partial refund of management fees and damages for multiple breaches of contract. 16. TX was joined as a second Respondent after the first hearing d...

7. NQ v TN & P Ltd [2023] NZDT 278 (1 August 2023) [pdf, 233 KB]

   ...of the agreement; and how the consumer may cancel the agreement. 9. [NQ and husband] were not provided with a quote. An invoice was sent to them after works commenced, after the first payment had been made. The invoice did not contain any information about their rights to cancel the contract at any time, nor were they advised orally of their rights. 10. NN, director of P Ltd, and TN, salesperson, attended the first hearing on 28 April 2023. They stated [NQ and husband] were advi...

8. BL & DL v L Ltd & V Ltd [2023] NZDT 304 (9 August 2023) [pdf, 191 KB]

   ...defect so that it is not of acceptable quality and accordingly they are not entitled to return the umbrella and be refunded the purchase price. Referee: K Cowie DTR Date: 9 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 for a...

9. 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...

10. 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...