Search Results

1. 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...

2. EMPC Form 1 - Statement of claim regarding an ERA determination [doc, 49 KB]

   r 7(l) Form 1 Under the Employment Relations Act 2000 In the Employment Court No: / (Auckland, Wellington or Christchurch* Registry (the reference number allocated by *Corresponds to the ERA registry) the registry, i.e. EMPC/) Election to have matter heard in the Employment Court Between ………………………………………. [full name] of ……………………….. ………………………………………. [address] …………………...

3. 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...

4. 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...

5. 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...

6. 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...

7. Weathertight homes

   The Weathertight Homes Tribunal provides a speedy, cost-effective resolution process for the owners of leaky homes. Only parties with an eligible claim from the Ministry of Business Innovation and Employment (MBIE) can bring a claim to the Weathertight Homes Tribunal.  The time period to lodge a claim with MBIE expired on 31 December 2021.  No new claims can be accepted by MBIE. About the tribunal The government recognised the difficulties with resolving leaky home claims and set up...

   Located in:

   1. Tribunals

8. HN & SN v T [2023] NZDT 5 (15 March 2023) [pdf, 214 KB]

   ...entitled to be compensated for? Was TT entitled to cancel the contract to purchase HN and SN’s property at [Property]? 8. TT signed an unconditional written contract to purchase HN and SN’s [Property] and was bound by her obligation to perform her promise to complete the sale. TT did not attend the hearing to advance any evidence why she considered she was entitled to cancel the contract. I accept the evidence of HN and SN that it was for TT to perform her own due diligence t...

9. K Ltd v UD [2024] NZDT 568 (15 July 2024) [pdf, 248 KB]

   ...“Equipment Add-Ons” the contract states “Please tick to confirm your desired pool equipment upgrades”. One of the upgrade options listed and ticked in UD’s contract is: LED POOL LIGHT – includes 1 multi coloured LED light with transformer $850.00 NOTE we recommend 2 lights in pools 8m or larger. 10. It is not disputed that 2 LED lights were supplied by K Ltd to UD. K Ltd says the lights were overlooked when UD was invoiced and she was not charged. 1 Which was done o...

10. Goher v Hammadieh [2015] NZIACDT 44 (22 April 2015) [pdf, 92 KB]

    ...return of documents [5.8] The written agreement provided for a fixed fee of AUD$4,200, and disbursements of NZD$1,844 (approximately AUD$1,624). The agreed total payable was AUD$5,824, the complainant paid a total of AUD$5,965. [5.9] The complainant requested the return of her documents on 3 April 2014, and Mr Hammadieh refused to do so, claiming additional fees of AUD$2,700. He said the fees related to a residence application he prepared, a second expression of interest, and a fee for...