Search Results

1. T Ltd v O Ltd [2024] NZDT 190 (8 February 2024) [pdf, 182 KB]

   ...been checked by means of a GPS, and were correct. It was agreed that T Ltd would not complete the post holes because of the weather at the time, and $500.00 was deducted from the sum due for that reason. [4] TI said that a week later, KT had informed him that he was not satisfied with the work because the ground along the fence line that he wanted had not been filled completely. A site meeting was arranged, and TI had said that he would do the filling work that KT wanted to be done un...

2. NH Ltd v OZ Ltd [2023] NZDT 396 (9 August 2023) [pdf, 190 KB]

   ...contract. If the respondent has breached the contract, what is the appropriate remedy? 14. The remedy for a breach of contract is for the breaching party to put the other party into the position they would have been in had the contract been performed. In this case, that means that the respondent is obliged to pay the applicant’s outstanding invoices – that is, a total of $28,437.56. If the applicant has not provided its services with reasonable care and skill, what is the appr...

3. IT v A Ltd [2023] NZDT 419 (6 September 2023) [pdf, 195 KB]

   ...is no excuse for a principal contractor to blame its own sub-contractors. If so, what is the remedy? 12. The remedy for a breach of contract is to place the affected party into the position it would have been in had the contract been performed. 13. IT’s position is that it cost him $15,000 to finish the work, less $7,500.00 which he says he did not pay; $1590.00 to replace the dishwasher, and $7885.00 for lost rental income as he says he was unable to sell or rent until h...

4. N Ltd v D Ltd [2024] NZDT 732 (5 December 2024) [pdf, 191 KB]

   ...findings because the legal position is clear. 10. For these reasons, the Applicant’s claim against the Respondent is dismissed as noted in the order. Referee: D. Brennan Date: 8 December 2024 Page 4 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. EL v N Ltd [2024] NZDT 517 (12 July 2024) [pdf, 201 KB]

   ...acceptable quality. Conclusion 20. As I have found that EL has proven his claim an order is made to reimburse him for the expense he incurred. Referee: Ms Cowie DTR Date: 12 July 2024 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...

6. U Ltd v G Ltd [2024] NZDT 480 (19 April 2024) [pdf, 101 KB]

   ...in itself mean that G Ltd is a firm engaging in coach building or that G Ltd holds itself out to be coach builders. 14. Accordingly the claim is dismissed. Referee: W Lang Date: 19 April 2024 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. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

   ...Social Security Act 2018 (the Act). Further, as the appellant is not a party to those decisions, it is unlikely that he has the standing to seek a review. The issues [3] The issues we must decide are whether the appellant has provided all information required for his entitlement to Accommodation Supplement and Temporary Additional Support to be assessed as at 15 July 2019. If he has provided the required information, we must determine whether he was entitled to those forms

8. Shield v Accident Compensation Corporation (Treatment Injury) [2022] NZACC 230 [pdf, 242 KB]

   ...___________________________________________________________________________ [1] At issue on this appeal is the decision of the respondent dated 19 May 2017 declining a claim for a treatment injury. The decision said: The declined claim is: • Unnecessary surgery and failure to obtain informed consent prior to wide excision of lesion on right lower leg, resulting in poorly healing wound and deep cavity. Background [2] Following the failure of topical treatments prescribed by he...

9. BORA-advice-Insurance-Contracts-Bill-PUBLISHED.pdf [pdf, 248 KB]

   ...remedies exist for breach of duty, including in the handling of claims; c. requires consumer insurance policies to be clear and in plain language; d. addresses some long-standing technical issues with insurance law, including: i. rules around information provided by policy holders to insurance intermediaries; ii. the operation of exclusions which are not causative of loss; iii. the ability to claim against an insurer when the policy holder is insolvent; iv. rules around time limi...

10. DG v B Ltd [2024] NZDT 253 (26 March 2024) [pdf, 91 KB]

    ...However I find it likely that Consumer NZ has reasonable grounds for its view as it is an independent, non-profit organisation in CI0301_CIV_DCDT_Order Page 2 of 3 New Zealand that has been operating since 1959 well-known for its research on the performance of consumer items. 6. I have also considered B Ltd’s view that four years three months is a reasonable lifespan for the logic board in a [laptop]. However it was not able to offer any information to support its view, or pro...