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1. Hartley v Balemi [pdf, 401 KB]

   ...plaster cladding has resulted in rot and damage to internal linings”. They were claiming for the estimated costs of repairs to remedy the problems at a figure of $300,000.00. 4.2 As a part of the preparations for the hearing, the Owners were requested to provide more details and particulars about their claims. This was done before the respondents were required to file their Responses pursuant to section 28 of the WHRS Act. The Owners identified a list of the problems with the...

2. [2024] NZEmpC 123 Wiles v University of Auckland [pdf, 536 KB]

   ...meetings. [31] In the first half of 2021, further incidents of doxing occurred, which were reported by Associate Professor Wiles. There were other meetings between the academics and the University at which a review of the University processes was requested and other concerns were raised about the effectiveness of the University’s monitoring of harassment. Associate Professor Wiles and the other academics continued with their external communications work. This included Associat...

3. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...then reinforce the position of buyer beware in private sales, except in limited circumstances. 10. However, there is relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages as if the representation were a term of the contract that has been...

4. EC v X Ltd [2025] NZDT 153 (9 July 2025) [pdf, 217 KB]

   ...Tribunal may award damages under s43(1) where the “Tribunal finds that a person… has suffered, or is likely to suffer, loss or damage by conduct of another person… that does or may constitute [a breach of s9]”. 12. EC’s position is that the form of the infringement notice intentionally mimics a government issued document in an attempt to deceive the recipient into thinking the notice has official weight. 13. Considering the parking notice, I note that: c. the notice is h...

5. [2009] NZEmpC CC 10/09 Rooney Earthmoving Ltd v McTague and ors [pdf, 175 KB]

   ...not become one of the directors of BMW until he took over the business some years later. [40] The contemporaneous notes that Mr Madden made of the initial and subsequent meetings with Mr McTague and the material provided by Mr McTague which formed the basis for the documents prepared at Capon Madden, all show a commencement date for the operations of BMW as 1 June. Further, the cash flow projections provided by Mr McTague to Mr Madden, which showed a substantial turnover for a s...

6. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

   ...the cost of the parts that KT purchased, for the failure to provide the full lockset. KT is to return the lockset to D Ltd on receipt of the refund. Referee: Arti Chand Date: 23 November 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 r...

7. XX v KN [2023] NZDT 45 (3 February 2023).pdf [pdf, 177 KB]

   ...would provide a quote before he undertook the work? (b) If not, Is XX entitled to payment of his invoice? Was it agreed that XX would provide a quote before he undertook the work? 3. KN said he always asks for a quote before work is performed on his behalf. He provided several quotes he had obtained as evidence in support of his usual practise. The parties agree that this was the first time that KN had engaged XX’s services. KN left the aluminium material and a cutting tool...

8. B Ltd v KY [2024] NZDT 781 (22 October 2024) [pdf, 91 KB]

   ...overall credit of $79.90, although KY chose not to counterclaim this sum. In conclusion KY is not liable to pay B Ltd’s invoice for the extra labour. Referee: E Paton-Simpson Date: 22 October 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...

9. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...the car was originally inspected. There was also no advice given at the time the extra damage was discovered to obtain consent to doing further work. Consequently, it cannot be said that the additional work can be charged as an extra. It simply formed part of the work for which the estimate was given. 16. The second category of additional costs arose from extra labour in having to re-do filler, etching and priming from the car remaining in storage for so long whilst the job was bein...

10. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

    ...capable of constituting unsatisfactory conduct in terms of the Real Estate Agents Act 2008. [4] The Committee found that the licensee made misrepresentations in relation to an eastern boundary and failed to provide the complainants with proper information about an accessway. More specifically, the Committee found the following aspects of the licensee’s behaviour contributed towards its finding of unsatisfactory conduct: [a] The licensee’s response to the complainants’ specific...