Search Results

1. ED v T Ltd [2024] NZDT 465 (12 June 2024) [pdf, 107 KB]

   ...the monies paid to T Ltd for the Noxyde coating amounting to $12,308.41 recognising that ED had to reroof the entire property at a significantly greater cost. Referee: S Malaviya Date: 12 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 r...

2. DQ v SI [2025] NZDT 67 (3 April 2025) [pdf, 215 KB]

   ...between them at the time, I accept DQ’s evidence that SI told her he had caused the damage at the time. I consider the only reason he would have said to that DQ is if he did, in fact, think he had caused the damage. 11. On the basis of the information before me I consider it is reasonable for me to infer that SI accepted liability because he thought he was liable, but that, at that time, he thought the costs of this liability would be covered by his insurance. SI later discovered...

3. Scarborough v Kelly Services NZ Ltd [2015] NZHRRT 53 [pdf, 73 KB]

   ...reviewed on a daily basis at a morning meeting. [22] It is the responsibility of the Team Leaders and Team Coordinators to make direct contact with Kelly Services regarding their requirements for temporary staff. The Team Leader or Coordinator emails a request to Kelly Services outlining the requirements and where possible, the likely length of the assignment. [23] There is flexibility in the duration of an assignment period, the Team Leader being required to inform Kelly Services at l...

4. BE v YV [2014] NZDT 558 (22 May 2014) [pdf, 65 KB]

   ...trusting YV as a friend. [6] However, I am not persuaded on the evidence that the loans were made to YV or that YV was personally liable under the loan agreement. The moneys were paid directly into ABC’s bank account and to ABC’s suppliers. In requesting that the loans be made, YV appears to have been acting on behalf of ABC in his role as director. [7] I accept that BE was at least in part motivated by his friendship with YV when he made the loans. As an employee of ABC, BE ma...

5. Guidelines for Settlement Conferences [pdf, 216 KB]

   ...a proposed settlement offer. Preparing for a settlement conference It is useful to prepare a short position paper which sets out the issues in dispute and how you think the issues can be resolved. An example is available from the case manager on request. Any evidence you want to rely on in the settlement conference should be shared with the other party(s) well before the conference. Being transparent is an important part of negotiating. If you are seeking a cash settlement it is importa...

6. QF Ltd v I Ltd [2023] NZDT 664 (28 September 2023) [pdf, 198 KB]

   ...the truck not tested as there were also other tradespeople working on the electrics of the truck. The next day when the truck was being used one of the hoses developed a leak. I Ltd cleaned up the mess and had another company repair the leak. I Ltd informed QF Ltd of this two days later. I Ltd has not paid QF Ltd’s invoice. 2. QF Ltd claims the sum of $1,535.89 for the invoiced amount. The issue to be determined is what amount, if any, QF Ltd is entitled to. 3. QF Ltd carried o...

7. HI v KC [2024] NZDT 157 (26 March 2024) [pdf, 175 KB]

   ...Page 2 of 3 6. Since KC was unable to pass ownership of the kayaks to HI, damages are payable. The normal measure of damages for breach of contract is the amount required to put the innocent party in the same position as if the contract had been performed. Damages for non-delivery of second- hand goods is measured by the market value of those specific goods. 7. KC said that the kayaks were very old and pointed out that the neighbour had said they were “worthless, especially without the...

8. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...agreement. As that is set out in clause 10 and the contract has been signed by ZC, the warranties implied in the CCLA do not apply to the contract between ZC and N Ltd. Referee: G R Meyer Date: 28th November 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...

9. DM v QB Ltd [2023] NZDT 124 (9 June 2023).pdf [pdf, 184 KB]

   ...acceptable quality or fit for its particular purpose. However, in the absence of evidence to the contrary, I do accept the evidence in paragraph 7 that the new unit did not function as it should, and also that it was missing the facia panel, which formed an integral part of it, leaving a surrounding gap. So, even if the fault was one of installation rather than with the unit itself, on balance, where the unit was designed specifically for DM’s model of car, I find that given the missing...

10. KQ v M Ltd [2023] NZDT 74 (24 February 2023) [pdf, 204 KB]

    ...maintenance. It is quite unlike a repair. 13. In this instance there has been no breach of a guarantee under the CGA, and therefore this claim must be dismissed. Referee: P Moses Date: 24 February 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...