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...invoices. Had I found that TN had proven that QS breached his duty of care, TN would have needed to establish the actual loss she suffered. Referee: K Cowie DTR Date: 1 September 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...
...TRIBUNAL [2023] NZDT 631 APPLICANT EX RESPONDENT HC The Tribunal orders: HC must pay EX $1,000.00 by 4pm on 20 December 2023. Reasons: 1. EX wanted to purchase a car from HC that was being sold via [online] platform. As that car was about to be sold, HC offered EX another car which was the same make and model which he had decided to sell but not yet listed on [online platform]. After conversations between the parties, EX paid a deposit of $1,000.00...
...foreseeable consequential losses. She provided quotations in support of these costs. I therefore find that the total sum payable by OM Ltd is $6,162.46. Referee: E Paton-Simpson Date: 21 February 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...
...purchase, despite a lot of heavy rainfall in the interim. 13. I therefore conclude that the buyer is entitled to recover $3,366.66 in damages from the seller. Referee: E Paton-Simpson Date: 31 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 fo...
...jetski. The balance of the [Finance Company] debt would be recovered by [Finance Company] from BB. BB agreed to this arrangement. 9. Although finance was in his name, BB has disputed he was the owner of the jetski. BB stated in evidence that his former partner, TB, wanted the jetski, however as he had a better credit rating, it was put in his name. BB and TB separated in April 2021 and therefore decided to sell the jetski. 10. TB stated in evidence that the jetski belonged to both he...
...numerous requirements that the lender must comply with, including disclosure to the borrower of specified matters, and a failure to comply renders the loan contract unenforceable. 6. At first glance it appears that the loan is made on some kind of a formal or commercial basis. The charging of a fee described as “convenience and rapid service fee” makes that plain, because CI0301_CIV_DCDT_Order Page 2 of 3 one might ask, why is that fee being charged if it is a one-off l...
...reasonable care and skill. For BD to succeed they must show on the balance of probabilities that EX did not use reasonable care and skill in constructing the deck. 6. Reasonable skill and care is the usual standard that a competent tradesperson performing the task would do. 7. Section 7 of the CGA applies to the deck (which is a good as that term is defined in the CGA). When a person manufactures or supplies a good then the good must be of an acceptable quality, this means it must b...
...that a driver must not pass on the right of another vehicle moving in the same direction when approaching or crossing an intersection unless that driver’s vehicle does not encroach on the lane for the opposing traffic, or if the moment can be performed safely. 5. The CCTV footage shows that BW rode very slowly into the intersection and was on the far right of his lane. BW did not know if he indicated his intention to turn right before he entered into the intersection, but agreed...
...where this involves an element of betterment, e.g., where the damaged item has to be restored to a higher standard due to regulatory changes. 16. That is not the case here. FT could have taken the option of having the retaining wall returned to its former condition at no cost to her. However, had she done so, the expenditure would have been wasted if the reinstated wall later had to be replaced with an engineer-designed wall when the driveway was installed. Instead, she took the sensibl...
...photographs of the damage to [car 1] shows damage on the left rear through to the left wheel. The photographs of the damage to [car 2] shows damage to the front right side of AQ’s car. 10. AQ was either travelling too closely to be able to perform the manoeuvre safely or to avoid a collision if [car 1] braked suddenly. The photographs evidence this. In fact, given the damage to the cars it is more likely than not that [car 1] did not brake suddenly. In any event as I have said above...