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1. DN v VM [2016] NZDT 971 (19 October 2016) [pdf, 21 KB]

   ...bolted down garden shed or spa pool, attached mantelpiece or bookshelves. Chattels are things that can be more easily removed and are not necessarily attached to the land. The vendor is able to take chattels with them, so long as they do not form part of the chattels in the sale. [9] What is a chattel or a fixture often depends on the circumstances. In considering what is a fixture or a chattel it is necessary to consider [10] The degree of annexation/ connection to the property,...

2. BK v YP Ltd [2013] NZDT 422 (25 November 2013) [pdf, 64 KB]

   ...the applicant received $6,300.00 does the bank have any potential liability from that time on? Findings Did the bank believe that the applicant had asked to withdraw $6,300.00? [8] The applicant says that he gave his bank card to the teller and requested to withdraw $3,300.00. He says that he did not sign anything nor did he receive a withdraw receipt. He further says that he did not see the money being counted on the counting machine as this was behind the computer terminal....

3. [2010] NZEmpC 131 Rooney Earthmoving Ltd v McTague & Ors [pdf, 25 KB]

   ...relation to a freezing order, which requires BMW to provide monthly statements to solicitors, counsel and the financial experts but which are not to be disclosed to any other person. There has been an exchange of lists of documents in a limited form, but the action in the High Court is now stayed. [7] Ms Dalziel noted that the High Court proceedings are tortious in nature and this has changed the litigation significantly and may have also impacted upon the discovery exercise....

4. QT v T Ltd [2023] NZDT 188 (22 June 2023) [pdf, 139 KB]

   ...car at the time of the breach, and so the owner of the car will be a party to the contract. 10. In this case, however, because QT can prove that he was elsewhere when the car was parked in the car park, he is not a party to the contract that was formed when the car entered the car park. The parties to the contract are the owner of the car park and the driver of the car. 11. T Ltd says that QT as the owner of the car is bound by the terms and conditions of the car park, even thoug...

5. BU & QU v X Ltd & EP [2024] NZDT 133 (12 March 2024) [pdf, 201 KB]

   ...remedy the failure of guarantee in relation the fence in a reasonable time, I find that there is no remedy available to BU and QU and their claim is dismissed. Referee Perfect Date: 12 March 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 r...

6. BP v G Ltd [2023] NZDT 38 (20 January 2023) [pdf, 203 KB]

   ...September. 7. BP was without his luggage for 8 days. 8. BP was booked to do a ‘hiking tour’ of the Amalfi Coast. The provider was FX, a [Country] based travel company. 9. BP submitted that upon arrival he was not given the necessary information about the first day of the hiking tour. This meant that he missed the first day of the tour. 10. BP is a photographer. One of the purposes of his trip was to take photographs, which he offers for sale in his website. BP’s camera...

7. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...to make an award of costs except in very limited circumstances (S.43 Disputes Tribunal Act). No costs can be awarded in the circumstances of this case. ` Referee: J.F. Tunnicliffe Date: 13 June 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 rehe...

8. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...terms and conditions in the written contract. Did N Ltd breach the contract such that ZM and DX were justified in cancelling? 10. ZM and Mr Wang contend that N Ltd did not make sufficient efforts to find them a tenant and did not keep them informed of viewing numbers or feedback for the property. 11. NN provided a considerable amount of documentation to show the numbers of enquiries and viewings there had been for the property over the 6-week period. He noted that while he ul...

9. E85 Zaelene Maxwell-Butler - EIC - Ngāi Tai ki Tāmaki [pdf, 1.1 MB]

   ...this process is that we hope to secure better standing in respect of issues that impact on our kaitiaki duties, mana moana, mana whenua, takutai moana, and rangatiratanga within and over our takiwā. 57. Ngāi Tai understand that Panuku have requested a ten-year term as a part of its Application. Within this period, we may acquire title to the takutai and/or formal recognition of our customary rights. We are of the opinion that any consents approved in our Claim Area should be rev...

10. 2018 NZSSAA 001 (9 January 2018) [pdf, 131 KB]

    ...question is now before the Authority pursuant to the consent order of the High Court dated 5 May 2016. That order followed a joint memorandum filed by the parties, and the joint memorandum is referred to in the order. This order of the High Court formulated the issues for the Authority in the following way: 46.2 The matter is remitted to the Authority under High Court Rule 21.14(b) and (d) for reconsideration of the question of law in accordance with Williams J’s decision outlined...