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1. KL v SH [2023] NZDT 367 (14 June 2023) [pdf, 181 KB]

   ...sale. SH breached that term by taking several months to discharge the security interest. 11. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. When a party is claiming consequential losses those losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result from the breach. 12. KL claims a total of $1,000.00 for stress and inconvenie...

2. 24 Bath Street Ltd v Hulena Architects Ltd [pdf, 18 KB]

   ...sale and purchase agreement between Nigel Loy and 24BS on 10 April 2008. Mr Morris argued that this was not ‘an arm’s length transaction’ such as that intended by s 55(2) of the Act. I do not accept this argument. The sale and purchase formed the basis of the trust deed and must have had some import. It is not acceptable for the claimant to argue that, for some purposes such as the formation of the trust, the sale and purchase agreement is a genuine transaction but for ot...

3. KM v BE [2022] NZDT 25 (29 April 2022) [pdf, 196 KB]

   ...any party unless a claim falls within the narrow exceptions specified. This claim does not fall within the stated exceptions. 22. KM’s claim is dismissed. Referee: Kaho Date: 29 April 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 re...

4. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...as occurring as the property was always intended to be owned by BJ and the purchase in the Trust’s name was in error. I am satisfied BJ has standing as an applicant given it was named as such in the “statement of claim” filed with the claim form in the Tribunal and to the extent necessary the order above confirms that to be the case. CI0301_CIV_DCDT_Order Page 2 of 6 3. The Applicants say subsequently when the property was prepared for sale in September 2019 it was discover...

5. SN & TN v B Ltd [2021] NZDT 1621 (17 December 2021) [pdf, 223 KB]

   ...18. TN was diagnosed with antisynthetase syndrome, a rare chronic autoimmune condition that can affect multiple systems of the body. The first consideration of this arose in May 2019, when TN tested positive for an antibody anti-PL7. TN was not formally diagnosed with the condition until after the cancellation of the trip to Europe. 19. In winter 2018, TN had what she believed at the time to be a flu or viral chest infection. She saw her GP when the problem did not clear up. She wa

6. DT processes using vehicle accident example [pdf, 26 KB]

   Car & vehicle accident claim example for the Disputes Tribunal The cause of the dispute Tania Smith was driving home at 4pm on 9 April 2014 when another vehicle didn’t stop at the ‘Give Way’ sign on the corner of Troy Street and Wellington Avenue. The cars collided. No one was hurt but both vehicles were damaged. The other car was driven by Tom Payne. The drivers stopped and swapped phone numbers and addresses. Neither driver had insurance. The police were called. Tom was give...

7. [2021] NZACC 12 - Mudgway v ACC (12 January 2021) [pdf, 149 KB]

   ...at: Napier/Ahuriri Appearances: Ms Williams for the appellant Ms Feltham for the respondent Judgment: 12 January 2021 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Claim for Cover for Personal Injury – sections 20 and 48 of the Accident Compensation Act 2001] ____________________________________________________________________ [1] The appellant, Evan Mudgway challenges the Corporation’s decision da...

8. [2022] NZACC 27 - Alves v ACC (3 March 2022) [pdf, 173 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 22 February 2022 Held at: Dunedin/Ōtepoti Appearances: The appellant represented himself C Hlavac for the respondent Judgment: 3 March 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs - s 148, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 5 March 2021 and relates to costs awarded to Mr Alves in respect of that review hearing. Background...

9. BL & TL v N Ltd [2024] NZDT 61 (5 February 2024) [pdf, 113 KB]

   ...also, potentially, remedial costs associated with the retaining wall, which has been built higher in places than the building-consent-exempt height of 1 metre, but as the extent, nature, and cost of remedial works is not yet known, that issue does not form part of this claim. 6. N Ltd counter-claims $12,796.00, being the outstanding invoiced amounts for work completed. I note that Mr O for N Ltd attended the first hearing before me, but did not attend the second hearing in January 2024...

10. ND v EI and others [2023] NZDT 241 (11 April 2023) [pdf, 200 KB]

    ...Has there been a breach of clause 7.3(1) of the agreement regarding: i. the oven; and ii. the heated towel rail? c. Is ND entitled to $1,225.00 as claimed, or to any other sum? What terms were agreed? 7. Under contract law, a contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at w...