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1. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...Trustee and other elected trustees. The Māori Trustee’s administration over the trust ended in December 2018 and a separate group of trustees took over management of the trust. I was nominated and appointed as a trustee in February 2015 and formally appointed by the Māori Land Court in October of 2015. I was voted in as Chair in May 2016. Since my appointment as Chair, we have held numerous trustee hui and have held AGM’s in all years except 2017 as we were awaiting a report...

2. T ltd v EJ [2019] NZDT 1436 (28 August 2019) [pdf, 148 KB]

   ...refused to pay the invoice as he believes he did not enter a contract with T Limited. 2. T Limited claims the amount of $4,740.40 from Mr J, being the amount of the unpaid invoice. 3. The issues to determine are: a. Was a contract formed between T Limited and Mr J? b. If so, what were the terms agreed? c. Did Mr J breach the contract by not paying the amount invoiced? d. If so, what if any amount is Mr J required to pay T Limited? Was a contract formed between T...

3. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...that spelling but is otherwise identical. 1. BQ and his wife want XB and TB (XB and TB – the latter joined during the hearing as confirmed in the above order) to pay for repairs to their sealed access road/driveway which they say has become deformed due to the roots of trees on XB and TB’s property. In the claim filed BQ sought $29,000 but has provided a number of different costings regarding different types of repairs to various standards and which are all under $30,000. I have e...

4. TU v I Ltd & NT [2024] NZDT 504 (19 June 2024) [pdf, 104 KB]

   ...so, whether TU is entitled to a remedy, and if so the remedy he is entitled to; (d) Who is liable to pay TU. Was there a binding contract for the sale of the coffee machine to TU? CI0301_CIV_DCDT_Order Page 2 of 4 9. For a contract to be formed, the elements of a simple contract must exist. These are offer, acceptance, consideration (an exchange of value, or a promise to exchange value), and an intention to create a legal relationship. 10. I find a contract was formed for the...

5. CN v B Ltd & ors [2024] NZDT 471 (31 May 2024) [pdf, 191 KB]

   ...‘signed’ acknowledgement from the customer to this effect. Allowing for the modern realities as to the manner in which contracts are entered into, I consider a ‘signed’ acknowledgement could be electronic, by way of completion of an on- line booking form. 10) The applicant says the relative booking was made by phone, and followed up with texts. The respondent says that its booking form (with its standard terms and conditions attached) was completed and it has submitted document...

6. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...Decision. [4] SUB-2008-570 was an application to the Waitakere City Council (to which the Auckland Council is successor) in 2008 for a 15 lot subdivision and SUB-2008-571 for a 75 lot subdivision. The applications for declarations 4 and 6 relate to the former, application 44 relates (indirectly) to the latter. Declaration 4 [5] 2 The declaration sought is: Four applications were set down for hearing but one (for declaration 45) was withdrawn prior to the hearing. Described i...

7. GJG ltd v SQS Ltd [2018] NZDT 1072 (26 April 2018) [pdf, 290 KB]

   ...entitled to a refund? What was agreed between the parties? [5] The relevant law is the law of contract, the Fair Trading Act 1986 (FTA), and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. [6] GJG argued that this was a case of buyer’s remorse, and that Mrs QS had been informed about the payments that would be taken under the twelve-month contract. Howev...

8. NC v MD [2021] NZDT 1348 (12 March 2021) [pdf, 208 KB]

   ...saying he understood and agreed only to trimming on her property. She says “it could possibly have been a surprise to her” that the loquat tree was removed by her contractors. 7. I find, on the balance of probabilities and from the limited information available, that MD, at the least, gave inadequate instructions and supervision to her contractors and that this amounts to negligence. She is therefore liable in negligence for the reasonable costs of putting NC back into the posit...

9. CO Ltd v GM Ltd [2019] NZDT 1478 (26 July 2019) [pdf, 95 KB]

   ...accordance with the Tribunal’s jurisdictional limit. Conclusion 11. For these reasons GM Ltd is to pay CO Ltd the sum of $15,000.00 by the date stated in the order. Referee: K Rendall Date: 26 July 2019 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 or a mistake was made. If you wish...

10. UM v QO [2022] NZDT 252 (12 December 2022) [pdf, 182 KB]

    ...dismissed. Reasons: 1. UM purchased a vehicle from DO via her son QO after seeing it advertised on U. 2. Prior to this, UM organised for it to be checked over by B and QO assisted with this taking place. 3. After the inspection, QO informed UM the price was reduced from $10,000 to $9,000 and that he would replace two tyres. 4. The agreement was made and included for the vehicle to be delivered to UM. 5. UM experienced issues with the engine and discovered rust and other...