Search Results

1. 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...

2. 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...

3. 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...

4. [2024] NZEmpC 227 The Vice Chancellor of Lincoln University v Cheng [pdf, 237 KB]

   ...safeguards the interests of her colleagues. [69] A copy of this judgment is to be provided to the national manager, Mediation Services of the Ministry of Business, Innovation and Employment by counsel for the University. Mediation Services is requested to make the necessary arrangements for a mediator with expertise in restorative practices to assist the parties in the reinstatement process. [70] As s 188 makes clear, the parties are required to attend the mediation I have d...

5. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...a result of condensation. 17. All disconnection and removal costs are addressed via the order to have CTL undertake all that work at its own cost. Referee: J Perfect Date: 25 July 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply...

6. OO v QP [2023] NZDT 70 (20 February 2023) [pdf, 226 KB]

   ...what his intended purpose for the house would be. He told QD that he wanted to rent it out, either as long-term rental or for visitor accommodation, such as Air BnB. QD told him he should have no issues with Air BnB. 7. OO points out that the information pack provided by M Ltd contained a rental and market appraisal, which also suggested to him that it could be used for rental accommodation. The advertising brochure also referred to it as having four bedrooms and three bathrooms and re...

7. YI v CU Ltd [2023] NZDT 545 (25 October 2023) [pdf, 189 KB]

   ...invoices, and $500.00 compensation for time YI spent sorting out the issues with [water company], rescheduling of her flight [overseas] and overdraft interest. 7. The issues to be determined are: • Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard? • If so, what reasonably foreseeable losses resulted from the breach? Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard?...

8. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...claim that has been made against it. The last hearing was adjourned to allow HJ Ltd to provide full details of the amount that it wishes to have considered as a set-off to the claim that has been made against it, however HJ Ltd has not provided any information regarding this to the Tribunal. 3. HJ Ltd did not attend the hearing today. The absence of a party does not prevent the hearing going ahead. 4. The issues to be resolved are: a. Did HJ Ltd provide its services with re...

9. UC & SM v BC [2024] NZDT 445 (9 May 2024) [pdf, 207 KB]

   ...details before 2 June 2024 BC is not required to pay the $216.00 to UC and SM. Referee: L Thompson Date: 9 May 2024 CI0301_CIV_DCDT_Order 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...

10. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

    ...The claim and counterclaim are dismissed. Reasons: 1. The dispute concerns a contract for design of a new house. On 23 March 2021, the applicant HD (the client) signed an agreement with the respondent BF Ltd (the designer) headed “Short Form Agreement for Architectural Design Services”. The client (who was acting as an agent for a third party under a power of attorney) paid $5,865.00 under this agreement on 24 March, and a further $5,175.00 on 31 May 2021. The designer complete...