Search Results

1. KT & TL v F Ltd [2023] NZDT 666 (17 October 2023) [pdf, 204 KB]

   ...Section 36 (1)(a) of the Contract and Commercial Law Act 2017 (CCLA) states that “A party to a contract may cancel it if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to …(b) complete the performance of B’s obligations under the contract”. The party cancelling the contract may claim damages for any losses caused by the other party’s failure to perform their obligations. 6. At the hearing TL explained that the project...

2. BC v SL & XB Ltd [2023] NZDT 568 (14 November 2023) [pdf, 177 KB]

   ...replacement of the thermostat (and any other required work to address the overheating) was not a result of their work on the vehicle. The claim is therefore dismissed. Referee Perfect Date: 14 November 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 f...

3. Q Ltd v UB [2023] NZDT 564 (21 November 2023) [pdf, 217 KB]

   ...additional cleaning charges justified? 5. I find that Q Ltd is contractually entitled to charge for additional cleaning required under clause 3(g)(iii) of their terms and conditions and find further that they have provided sufficient evidence in the form of photographs and detail of staff hours incurred to justify the charge of $612.50+GST. CI0301_CIV_DCDT_Order Page 2 of 3 6. The hirers were required to leave the venue in ‘good, clean and tidy condition’ and they did not....

4. KC v M Ltd [2023] NZDT 494 (3 October 2023) [pdf, 202 KB]

   ...an early termination fee for this year long commitment is payable I find, in the particular circumstances of this dispute, that $200.00 is a reasonable termination fee. Referee: Hayes Date: 3 October 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 re...

5. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...of the $625.00 deposit. 6. TL’s claim was for $670.00. The balance was the tribunal filing fee. Under s43 of the Disputes Tribunal Act 2008 a party cannot recover the filing fee. Therefore, I cannot award the amount of the fee. Other information 7. EL mentioned there were signs in the shop with its store policy that says if items were not paid for at least 2 weeks before delivery, the customer cannot make a claim (or blame them). I told him signs such as these cannot overrid...

6. HA v Z Ltd [2023] NZDT 288 (17 July 2023) [pdf, 200 KB]

   ...installed in the property. 8. His claim seeks reimbursement of $1,150.00. 9. The hearing took place by phone on 20 June 2023. Both parties participated in the hearing. AI represented Z Ltd. The issue 10. The report was prepared by “KV” a former sub-contractor to Z Ltd. 11. AI, the owner of Z Ltd, submitted that: a. Z Ltd has no record of this job. CI0301_CIV_DCDT_Order Page 2 of 4 b. Z Ltd did not receive payment from HA, and the bank account stated...

7. UH v N Ltd [2023] NZDT 306 (21 July 2023) [pdf, 136 KB]

   ...head applies a slight pressure. The watch has to be placed face down, and, as the back of the watch is slightly curved, it has placed pressure on the 100 year old mineral glass and caused the crystal to shatter. NK, however, said his service was performed on the basis of ‘all care and no responsibility’. 7. I find that once N Ltd accepted the engraving on the antique watches, then it was bound to perform its service using reasonable care and skill and so that the result would be...

8. BK v B Ltd [2021] NZDT 1707 (15 December 2021) [pdf, 150 KB]

   ...established any ground to be allowed credits for the flights that he did not take, or those that he might take in the future. His claim must therefore be dismissed. Referee: C Hawes Date: 15 December 2021 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 r...

9. IN v EW [2025] NZDT 3 (10 April 2025) [pdf, 195 KB]

   ...she has not collected the fabric and dress pieces by 6 pm on 10 May 2025, EW can dispose of them in any manner he sees fit. K O'Shea Disputes Tribunal Referee 10 April 2025 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 r...

10. EM v EI Ltd [2024] NZDT 366 (26 June 2024) [pdf, 175 KB]

    ...various reasons, EM was unable to complete the course. He claims a refund from EI Ltd of the price that he paid. [2] The documents provided showed that EM signed a document described as “Disclosure to all Recreational Students and Booking Information” on 20 November 2022. On the same date, he completed and signed a questionnaire relating to his medical fitness. He paid $499.00 for the course fee, and was scheduled to do the course at [lake] on the weekend of 17 – 18 December 2022...