Search Results

1. MX & MY v F Ltd [2023] NZDT 622 (17 November 2023) [pdf, 103 KB]

   ...what is the remedy? Did the company fail to exercise reasonable care and skill and/or fail to provide an outcome that was reasonably fit for purpose? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be performed with reasonable care and skill. Broadly “reasonable” means the standard of care and skill a reasonable consumer would expect of a reasonable service provider. The guarantee under section 29 of the CGA requires that services and any pro...

2. BI v N Ltd [2024] NZDT 749 (8 October 2024) [pdf, 225 KB]

   ...amount of discolouration is bound to be present, especially after more than a year of use. 18. For the reasons outlined above, I dismiss the claim. Referee: DJ Dwyer Date: 8 October 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 reh...

3. BL v CD (NZ) Ltd [2024] NZDT 282 (9 May 2024) [pdf, 176 KB]

   ...nothing at all to do with his booking. She provided a letter from CD Central’s “senior relations specialist”, who stated that it operated the website from [Country], and that affiliated companies, such as CD (NZ) Ltd did not have their own platform. The writer stated that there was no record of BL making the booking in question through CD. CI0301_CIV_DCDT_Order Page 2 of 3 [6] DJ’s opinion was that a fraudster had somehow created a fake website that looked much like that of...

4. Larnark v Kirby LCRO 44 / 2010 (1 October 2010) [pdf, 83 KB]

   ...Proceedings were issued by the Practitioner on behalf of the Applicants on 1 May 2008. Subsequently, it was decided that an amended Statement of Claim was required and this was prepared and filed on 10 November 2008. In addition, the Practitioner formed the view at a later date, that the proceedings should be transferred to the High 2 Court due to the fact that the Applicants‟ claim included matters relating to the Bill of Rights and breaches of the rules of natural justice....

5. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...that regrettable delay. 2 Background [3] The director of Company 1, Mr VL, instructed Law Firm 1 to act on the purchase of a commercial fishing vessel. Approximately two months later the boat was stolen, apparently by another party claiming ownership of the vessel. [4] Mr RG took steps in the District Court to remedy the situation and an agreement was reached about ownership. However Maritime New Zealand indicated that a High Court order was needed to amend the Registe...

6. OIA-98286.pdf [pdf, 135 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 contactus@justice.govt.nz | www.justice.govt.nz 2 September 2022 Our ref: OIA 98286 Tēnā koe Official Information Act 1982 request: Advice provided to Tenancy Tribunal Adjudicators Thank you for your email of 11 August 2022, requesting information on any advice provided to Tenancy Tribunal (the Tribunal) adjudicators with respect to handling meth related claims...

7. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...not on any representation made by the vendor or by any person on the vendor’s behalf. The purchaser will raise no objection to, or requisition in respect of, the Property, its condition or any matters affecting the Property. [12] Disclosure forms notifying defects in the property were signed by prospective purchasers before bidding at the auction. Certain defects were disclosed. The bidders acknowledged having been: …told that there may be a leak in the upstairs bathroom fr...

8. Lt and QT v OT Ltd [2021] NZDT 1430 (16 March 2021) [pdf, 213 KB]

   ...approved this on 28 August as complying with its swimming pool safety requirements. [4] Mr T then concreted posts in place across the area where the garage had been removed. His intention was to continue constructing fencing so that a new and uniform fence would run along the entire length between the two properties. He did his work along the line where the previous fence had been, in accordance with the existing survey pegs that were there. Mr R then came and cut these posts off at gro...

9. EN & SN v H Ltd [2024] NZDT 832 (5 December 2024) [pdf, 113 KB]

   ...cracked but says this is because the Applicants did not take H Ltd’s advice to remove all of the old driveway when the concrete cancer was found, and instead opted to only remove the worst affected bits. It says this means that there is not a uniform base under the new surface of the driveway which is causing the cracking. 9. The photos of the driveway show a finish which is entirely unacceptable – there are cracks and pieces of overlay missing, colour variations, and a rough inco...

10. TS v IS [2022] NZDT 65 (31 May 2022) [pdf, 194 KB]

    ...4. Under the law of contract parties are bound by the terms and conditions they have agreed to at the time the contract is made. Although a contract may be varied by agreement, a party cannot unilaterally impose terms after the contract has been formed. 5. The parties agreed that TS would purchase the car immediately after he had test driven it. At that time there was no discussion of an AA inspection or any other conditions that needed to be fulfilled before the contract became unc