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1. DM v VN Trustees Ltd [2014] 723 ( 31 October 2014) [pdf, 146 KB]

   ...2013) and a final invoice for $3,422.40 on 7 May 2014 (for the period June to August 2013). Neither of these invoices has been paid by VN and DM claims their total of $6,182.40. [7] VN counter-claims on the basis that DM’s services were not performed with reasonable care and skill and that the design provided has resulted in additional building costs and other losses including time delays. It claims the losses suffered total $50,000.00 (amended at the hearing from the $75,000.00...

2. WHT - Introduction to the Weathertight Homes Tribunal [pdf, 1 MB]

   ...party. Expert witnesses Any party has the right to appoint an expert at their own expense. All expert witnesses must be independent and comply with the Tribunal’s Expert Witness Code of Conduct, which is online at justice.govt.nz/tribunals/wht/forms-and-guides Inspections and site visits Respondents and their expert advisors are entitled to inspect the claimant’s property. The timing and length of the inspection must be reasonable and arranged by appointment with the claimant...

3. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [pdf, 235 KB]

   ...the terms of the contract? 4. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. 5. I find that the contract was formed when SK and TK accepted the proposal for the [redacted] pool on 1 September 2022 and SK signed the Swimming Pool Installation Agreement. This stated that the estimated time for completion from commencement of excavation would be 2 - 3 we...

4. KD v QM [2023] NZDT 507 (9 October 2023) [pdf, 209 KB]

   ...TRIBUNAL District Court [2023] NZDT 507 APPLICANT KD RESPONDENT QM The Tribunal orders: The claim is dismissed. Reasons: 1. On 18 January 2022, KD filed a claim against U Ltd and B Ltd for alleged defective work B Ltd performed when building a conservatory for KD’s father in 2007. During the course of the hearings on the claim, U Ltd was struck out as a party. An order was made on 8 June 2022 that B Ltd was to pay KD $11,127.50 on or before 30 June 2022....

5. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

   ...freezing order over a portion of the net sale proceeds of the farm that will be held by the Trustee’s solicitor in their trust account once settlement occurs. [5] The grounds of the application can be generally stated. Each of the applicants’ claim breaches of the Employment Relations Act 2000 (the Act), the Holidays Act 2003, the Minimum Wage Act 1983 and the Wages Protection Act 1983. [6] Essentially the claims are that each of the applicants is owed a substantial sum o...

6. LCRO 149/2023 HV v BQ (2 April 2024) [pdf, 401 KB]

   ...that the entire house needed fresh foundations whereas the defendants’ engineer said that only the eastern portion of the house needed fresh foundations as a result of the earthquakes. [28] One of the case preparation issues was that the applicant requested the respondent to obtain evidence from friends and family about the pre-earthquake condition of the house and the respondent objected to having to be involved in obtaining such evidence. I infer that this process took some time.

7. BE v MG [2023] NZDT 262 (20 June 2023) [pdf, 186 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 262 APPLICANT BE RESPONDENT MG The Tribunal orders: 1. MG is to pay BE $19,000.00 on or before 11 July 2023. 2. The balance of the claim is dismissed. Reasons Introduction 1. In April 2022, BE and MG entered into a loan agreement where MG borrowed $29,000 from BE to purchase a [car] registration [number] from BE. Under the agreement MG was to make weekly rep...

8. RQ & TQ v SR & N Trust Ltd [2022] NZDT 127 (11 August 2022) [pdf, 243 KB]

   ...withdrawn as discussed above. 27. The claim against SR is dismissed. SR was not personally a contracting party to the Agreement for Sale and Purchase. Referee: K. Edwards Date: 11 August 2022 Page 5 of 5 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...

9. TS v LN & DN [2024] NZDT 653 (21 August 2024) [pdf, 245 KB]

   ...that remediation work in excess of $10,000 would be required. 17. To support her position, LN filed an email from CC dated 24 October 2024 which confirmed that after the inspection “the retaining wall drainage appears in compliance and is performing as per standard”. CC identified some minor issues that needed attention to prevent runoff pertaining to the pergola canopy stormwater control and reshaping of ground to certain areas to better manage water runoff. 18. In an earlier...

10. O Ltd v TO [2023] NZDT 341 (24 May 2023) [pdf, 169 KB]

    ...claimed costs for. 6. As already stated, the Tribunal cannot award costs in this case, including the filing fee, and O Ltd’s claim must therefore be dismissed. Referee Perfect Date: 24 May 2023 Page 2 of 2 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 rehe...