Search Results

1. YI v CU Ltd [2023] NZDT 545 (25 October 2023) [pdf, 189 KB]

   ...invoices, and $500.00 compensation for time YI spent sorting out the issues with [water company], rescheduling of her flight [overseas] and overdraft interest. 7. The issues to be determined are: • Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard? • If so, what reasonably foreseeable losses resulted from the breach? Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard?...

2. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...claim that has been made against it. The last hearing was adjourned to allow HJ Ltd to provide full details of the amount that it wishes to have considered as a set-off to the claim that has been made against it, however HJ Ltd has not provided any information regarding this to the Tribunal. 3. HJ Ltd did not attend the hearing today. The absence of a party does not prevent the hearing going ahead. 4. The issues to be resolved are: a. Did HJ Ltd provide its services with re...

3. UC & SM v BC [2024] NZDT 445 (9 May 2024) [pdf, 207 KB]

   ...details before 2 June 2024 BC is not required to pay the $216.00 to UC and SM. Referee: L Thompson Date: 9 May 2024 CI0301_CIV_DCDT_Order 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...

4. Peng v Tan [2016] NZIACDT 63 (29 September 2016) [pdf, 146 KB]

   ...with Immigration New Zealand regarding Mr Peng’s parents, but they did not meet with her. She was a licensed immigration adviser. [5] On 9 August 2011, Mr Tan received his licence as an immigration adviser. On 12 August, Ms Aasa submitted visa requests to Immigration New Zealand for Mr Peng’s parents. On 6 September 2012, Immigration New Zealand refused the requests. [6] The following year, 2012, Mr Peng called Mr Tan’s office, and Mr Feng told him Immigration New Zealand refu...

5. Waitangi Tribunal - District 11 Wairoa [pdf, 2.4 MB]

   ...\ I I I I r ··' •• · ! J ( I ( ) j I FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form. it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The pub...

6. X Ltd v U Ltd [2023] NZDT 335 (1 March 2023) [pdf, 242 KB]

   ...oral. 5. In contract disputes, there is a legal rule called the Parol Evidence Rule. The Parol Evidence Rule says that extrinsic evidence, including discussions and negotiations that occurred prior to entering into a written contract should not form part of a contract which is in written form. This is on the basis that the terms of a written, and signed, contract should be able to be relied on by parties as setting out their rights and obligations under a contract. However, in limited...

7. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...behalf of the whānau, by refusing to provide any account of his administration for the past six years. More particularly: (a) As executor, Adam has neglected or otherwise failed to account for the assets and income of Barlow’s estate despite requests from Charles Anderson as a beneficiary; and (b) As trustee for the Barlow Anderson Family Trust, Adam has neglected or otherwise failed to account for the assets and income of the trust, including rentals and proceeds of sale for...

8. GC v NT [2022] NZDT 184 (30 September 2022) [pdf, 94 KB]

   ...the deposit NT retained. 8. The issues to be determined are: (a) Was it a term of the contract that the deposit was non-refundable? (b) Was it reasonable for GC to expect to have an input into the playlist after the contract had been formed? If so, did NT refuse to consider her requests? CI0301_CIV_DCDT_Order Page 2 of 3 (c) Is NT entitled to keep the deposit? Was it a term of the contract that the deposit was non-refundable? 9. A contract is a legal agreemen...

9. DM & IW v HD [2022] NZDT 44 (2 May 2022) [pdf, 102 KB]

   ...guarantees into contracts between the suppliers of services in trade and consumers. One of these is the guarantee that services must be provided with reasonable care and skill. In terms of the building trade, standards which the services must conform with include the requirements of the law including the Building Codes and specific Standards, and in other matters, the standards of good practice common in the profession generally. 5. HD disputed the conclusions that DM had reached ab...

10. LI v WH Ltd [2021] NZDT 1697 (13 November 2021) [pdf, 153 KB]

    ...the loss of the vehicle? b) If so, what compensation is LI entitled to? Is WH Ltd liable for the loss of the vehicle? 5. The relevant law is Part 5, subpart 1 of the Contract and Commercial Law Act 2017 (“CCL”), which incorporates the former Carriage of Goods Act 1979. The carriage of goods provisions in the CCL apply to any loss or damage to items while they are with the carrier. The CCL provides that loss includes the non-delivery of goods (s246). 6. The carriage of good...