Search Results

1. PI v XU [2022] NZDT 212 (12 July 2022) [pdf, 98 KB]

   ...is entitled relief and if so, how much. Was PI entitled to cancel the contract? 6. A party to a contract may cancel the contract if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to perform B’s obligations under the contract (S.36(1)(a) Contract and Commercial Law Act). 7. I find that XU did repudiate the contract by making it clear that he could not pay. The written communications show that XU was not able to pay even a...

2. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...the time of making the contract for the supply of the service. 14. For reasons outlined above, I find that FH has breached his obligations under the CGA as he did not provide a bull that would provide the expected outcome. The bull did not perform at any level despite the staffs’ best efforts to get it operational. 15. I find that the failure was “substantial” as that term is defined in the CGA (s36). Failures are considered “substantial” where the services would not h...

3. VE & BU v TZ [2022] NZDT 31 (8 April 2022) [pdf, 105 KB]

   ...relevant to this situation and I find that there was no evidence presented that would make the vendor’s warranties contained in the agreement applicable in this case. Referee Perfect Date: 8 April 2022 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...

4. QT v L Ltd [2024] NZDT 23 (21 February 2024) [pdf, 201 KB]

   ...skill. If there has been a breach, what remedy is appropriate? 14. There being no breach, this issue does not arise. The claim is dismissed accordingly. Referee: P Moses Date: 21 February 2024 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...

5. I Ltd v KX [2024] NZDT 204 (21 February 2024) [pdf, 129 KB]

   ...and replacement timber panels. MM advised at today’s hearing of the estimates of those costs, which total $1968.16 inclusive of GST. I award that amount to K Ltd. Referee: T Prowse Date: 21 February 2024 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...

6. DQ v H Ltd [2023] NZDT 285 (11 July 2023) [pdf, 205 KB]

   ...2023. 20. The respondent company is to pay DQ the sum of $8500.00 on or before 01 August 2023. Referee: K Johnson Date: 11 July 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 reh...

7. FB v EE & YT [2023] NZDT 198 (8 May 2023) [pdf, 182 KB]

   ...representation of what FB has not received. Conclusion 11. As FB has proven that she is entitled be compensated for $916.36, an order is made for that amount. Referee: K Cowie DTR Date: 8 May 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...

8. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...circumstances, it would be fair and reasonable to allow a 30% discount on the product to ND which is rounded to $80. 17. Therefore, MI Ltd are ordered to refund $80 to ND. Referee: S Malaviya Date: 8 May 2024 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 ap...

9. KU v EG [2024] NZDT 835 (29 October 2024) [pdf, 101 KB]

   ...into consideration that case law demonstrates that the ‘warranty section’ in a standard sale and purchase agreement is not subject to a “due diligence clause”. 11. Further, while I acknowledge the delay between the respondent receiving information about the stove being broken and the settlement date, I also take into account the applicant’s explanation that they did not use the stove straight away and there was a reasonable explanation for the delay. 12. I accept that it i...

10. [2020] NZEmpC 102 Pfenniger v Blume [pdf, 164 KB]

    ...way of electronic communication (email). While such an order may seem sensible, it is precluded by reg 31B(8) and the convention arrangements between New Zealand and Germany.7 The plaintiff must now follow the procedure in reg 31B, and file a request for service overseas together with accompanying documents with the Court.8 This ought be done within 14 days of the 5 Regulation 31A(5)(c). 6 Regulation 31A(2). 7 Convention be...