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1. BD Ltd v YW [2013] NZDT 654 (28 November 2013) [pdf, 114 KB]

   ...LIMITED APPLICANT AND YW RESPONDENT Date of Order: 28 November 2013 Referee: Referee Reuvecamp ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed Facts [1] The applicant claims $5,202.37 in respect of goods to the value of $3,917.17 supplied to ABC Limited (“ABC”, company number #####) during 2011 and interest and enforcement costs. The company is now in liquidation. The applicant claims that the respon...

2. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 KB]

   Rongowhakaata Claims Settlement Bill 15 February 2012 ATTORNEY-GENERAL Rongowhakaata Claims Settlement Bill (PCO 14005 version 3.9): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/166 1. I have considered the current draft of this Bill for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). I conclude that the Bill appears to be consistent with the Bill of Rights Act. This advice addresses issues which arise in...

3. Costs & disbursements

   ...but there has not yet been a judgment on the final application. You should carefully record the costs and disbursements you incur in bringing or defending a proceeding, as you may have to show evidence of them if your proceeding is successful and they form part of an application for costs. Costs In most cases, when a judge orders the unsuccessful party to pay costs, the Judge will allocate a scale for the costs to be calculated. The cost scales are listed in: Schedule 4 of the District Court...

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4. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

   ...Hearing: 3 March 2025 Submissions: B Hinchcliff for the Appellant F Becroft for the Respondent Judgment 7 April 2025 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE Claim for cover for mental injury s 26(1)(c) Accident Compensation Act 2001 ____________________________________________________________________ Introduction [1] In 1980, CW received an injection into her supraspinous/interspinous ligament a...

5. Tully v Yerman [2012] NZIACDT 19 (9 May 2012) [pdf, 102 KB]

   ...Ms Yerman replied by email to Ms Tully, and indicated she needed the appeal form to be signed and some other matters, and would proceed with preparing the appeal that weekend. [10.10] 15 April 2010 A person in Ms Yerman’s office sent an email requesting some documentation from Ms Tully so the appeal could be prepared. [10.11] 20 April 2010 Ms Tully delivered the material requested in the 15 April 2010 email, including signing the appeal form, and paid the fee to lodge the appeal

6. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...a perfect family car, or first car, as a perfect family car would be economic to warrant. This is therefore misleading. Also, all the other statements are only half true. Where statements are made that of themselves are true, but there is key information missing that the sellers know that relates to the information given, there is a duty to disclose the missing piece. The missing piece was that the sellers had owned the car for not much more than a week, the ad they bought it from expl...

7. WH v SS Ltd [2019] NZDT 1459 (26 March 2019) [pdf, 218 KB]

   ...to relieve the innkeeper from all responsibility. 14. I have not been satisfied that this defence applies. WH’s room was able to be accessed by hotel housekeeping staff during her stay. I was told that a cleaning service would have been performed on two occasions during WH’s stay and then a final clean and service after WH departed the hotel. 15. WH did not inform hotel staff not to enter the room. She did not assume exclusive use of the room so as to show an intention to r...

8. NI v CT [2020] NZDT 1382 (14 May 2020) [pdf, 206 KB]

   ...reasonable farmer? b. If not, is the loss by NI a foreseeable loss? CI0301_CIV_DCDT_Order Page 2 of 4 Has FM Limited acted with a standard of care expected of a reasonable farmer? 4. The relevant law is section 5 of the Animals Law Reform Act 1989 and the law of negligence. When determining negligence, the Tribunal must consider the standard of care expected of a reasonable farmer in the company’s position, the common practice in the locality in relation to fencing...

9. KG v SQ & vehicle testing company [2022] NZDT 125 (4 August 2022) [pdf, 194 KB]

   ...are jointly and severally liable to compensate [Applicant’s insurer] for the full cost of repairs. Referee: J P Smith Date: 4 August 2022 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...

10. EF & QF v JD & QN [2021] NZDT 1690 (20 May 2021) [pdf, 112 KB]

    ...therefore unable to find that QN and JD misrepresented the kitchen bench and therefore must dismiss that portion of EF and QF’s claim. Referee: Krawczyk DTR Date: 20 May 2021 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 rehe...