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1. [2022] NZACC 27 - Alves v ACC (3 March 2022) [pdf, 173 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 22 February 2022 Held at: Dunedin/Ōtepoti Appearances: The appellant represented himself C Hlavac for the respondent Judgment: 3 March 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for costs - s 148, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 5 March 2021 and relates to costs awarded to Mr Alves in respect of that review hearing. Background...

2. BL & TL v N Ltd [2024] NZDT 61 (5 February 2024) [pdf, 113 KB]

   ...also, potentially, remedial costs associated with the retaining wall, which has been built higher in places than the building-consent-exempt height of 1 metre, but as the extent, nature, and cost of remedial works is not yet known, that issue does not form part of this claim. 6. N Ltd counter-claims $12,796.00, being the outstanding invoiced amounts for work completed. I note that Mr O for N Ltd attended the first hearing before me, but did not attend the second hearing in January 2024...

3. ND v EI and others [2023] NZDT 241 (11 April 2023) [pdf, 200 KB]

   ...Has there been a breach of clause 7.3(1) of the agreement regarding: i. the oven; and ii. the heated towel rail? c. Is ND entitled to $1,225.00 as claimed, or to any other sum? What terms were agreed? 7. Under contract law, a 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, and what was agreed is looked at objectively, i.e., by looking at w...

4. NI v T Ltd [2025] NZDT 187 (2 May 2025) [pdf, 102 KB]

   ...refund of fees paid to date? Is NI liable to pay the balance of fees? Was T Ltd authorised to tow NIs vehicle? 5. NI claims T Ltd breached their obligations under Rule 5.8 of the Land Transport Operating Licensing Rules 2017 as a tow authority form was not signed. However a tow authority was completed online that contained the relevant information as required by the Rule. FK, Yard Manager for T Ltd, states the online form is now standard and approved practice by Waka Kotahi. Th...

5. QH & TH v SR [2023] NZDT 696 (21 December 2023) [pdf, 177 KB]

   ...description of the collision and the cost claimed for repair is reasonable given the repairs carried out and the nature of the damage. Referee: Hannan DTR Date: 21 December 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...

6. QL Ltd v JM Ltd [2023] NZDT 397 (5 September 2023) [pdf, 203 KB]

   ...balance of probabilities that the damage he seeks insurance cover for was caused as a result of the break in on the 28 July 2022, then the application is dismissed. Referee: T Prowse Date: 5 September 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...

7. HD v NN [2023] NZDT 331 (3 August 2023) [pdf, 217 KB]

   ...the parties to have any further contact now that they are no longer neighbours and I would recommend that both parties to consider this an end to their dealings. Referee: L Trevelyan Date: 3 August 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 re...

8. 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...

9. 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...

10. 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...