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  1. QH & TH v SR [2023] NZDT 696 (21 December 2023) [pdf, 177 KB]

    ...description of the collision and the cost claimed for repair is reasonable given the repairs carried out and the nature of the damage. Referee: Hannan DTR Date: 21 December 2023 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 at the time. If you wish to apply for a...

  2. QL Ltd v JM Ltd [2023] NZDT 397 (5 September 2023) [pdf, 203 KB]

    ...balance of probabilities that the damage he seeks insurance cover for was caused as a result of the break in on the 28 July 2022, then the application is dismissed. Referee: T Prowse Date: 5 September 2023 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...

  3. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

    ...sale, clause 8, and all other warranties are struck out, as B Ltd has no knowledge of the property and takes no risk nor makes any warranties. As we cannot see the ADLS contracts attached to the Mr H letter prepared by B Ltd (assuming this is the form they took), we cannot see whether clause 8 was struck out. 34. A letter presented in evidence for the Complaints Assessment Committee proceedings brought against Mr C in 2015 was sent by B Ltd to IN dated 19 April 2012 offering a p...

  4. HD v NN [2023] NZDT 331 (3 August 2023) [pdf, 217 KB]

    ...the parties to have any further contact now that they are no longer neighbours and I would recommend that both parties to consider this an end to their dealings. Referee: L Trevelyan Date: 3 August 2023 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...

  5. ZA v ZM [2024] NZDT 225 (31 January 2024) [pdf, 169 KB]

    ...Reasons: 1. The Applicant claimed that in March 2022 the Respondent agreed to rent a house with him and a third party. The Respondent was overseas at the time, and the Applicant claims that although they filled in and sent separate application forms for the property, that he had obtained the Respondent’s permission to sign the tenancy agreement on his behalf and had done so. 2. The Applicant claims that after the tenancy agreement was signed and the tenancy commenced, that when...

  6. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

    ...Contractor Payment? c) Are TC and AK entitled to the sum claimed? Did the Trustees breach the contract when they did not pay the final Contractor Payment to TC and AK? 4. The general law of contract applies. A legally binding 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. What was agreed is looked at objectively, i.e. by looking at w...

  7. C Ltd v V Ltd & LV [2023] NZDT 658 (21 November 2023) [pdf, 262 KB]

    ...LV The Tribunal orders: V Ltd and LV (jointly and severally) are to pay C Ltd $6,342.86 by 13 December 2023. Background 1. This is one of two claims brought by [C Ltd], the owner of commercial premises at [Address], against the former tenant of those premises, V Ltd. 2. C Ltd purchased the premises from the previous owners DX and EE. 3. DX established a retail business known as [Business], which he operated from the premises. 4. In September 2016 a Deed of...

  8. BB v DN Ltd [2020] NZDT 1533 (18 March 2020) [pdf, 173 KB]

    ...of probabilities that BB suffered the loss claimed. 9. It is therefore unnecessary to consider the other two issues. The claim must be dismissed. Referee: E Paton-Simpson Date: 18 March 2020 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 at the time. If you wish to apply for a reh...

  9. Burtenshaw [2012] NZWHT Auckland 10 [pdf, 91 KB]

    ...relevant. [9] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [10] He concluded that if this reasoning is applied to the consideration of the built-by date...

  10. KH v KN [2022] NZDT 241 (29 November 2022) [pdf, 266 KB]

    ...because of cleaning, maintenance and improvements that may be required. For these reasons I do not allow this claim. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: P McKinstry Date: 29 November 2022 Page 5 of 5 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...