Search Results

1. FU v IX [2024] NZDT 527 (2 August 2024) [pdf, 183 KB]

   ...Conclusion 15. In light of these findings, it is not possible to address the final issue of compensation for the applicant, and the claim must be dismissed. Referee: J Robertshawe Date: 2 August 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 r...

2. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...rather than being intentional, because s 35 includes innocent misrepresentations. However, the difference might not be all that significant given that the car had done nearly 197,000 km at the time of sale. 9. More importantly, I consider that the former statement qualified as a misrepresentation because it was only partly true, and omitted important information about the most recent service, which was in January 2023. The courts have held that that a half-truth, which is literally true...

3. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...to compensation and if so, how much. Has TD misrepresented the fridge? 7. A seller may not misrepresent an item for sale. A misrepresentation is: a statement of face, by one contracting party to another, before or at the time the contract is formed, that induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is work...

4. B Ltd v BU [2025] NZDT 232 (23 July 2025) [pdf, 181 KB]

   ...rights of renewal of one year each (total 2 years) which were exercised meaning the end date was 17 June 2024. 2. It appears that after the end date of 17 June 2024 the contract continued on a 2 monthly basis until a variation was entered into to formally extend the contract from 13 November 2024 to 31 December 2024. Then another (and final) variation was entered into which extended the term of the contract to 28 February. 3. It is not disputed that in mid-2024 BU (under its com...

5. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...commercial and are fully acceptable from a quality perspective. For bottles of this shape, variation in thickness will commonly present within the ‘base’ and ‘sidewall’ of the vessels. This is a common occurrence due to the “blow and blow’ forming process used to manufacture the bottles, coupled with the horizontally aligned shoulder and rectangular shape (which provide additional manufacturing challenges in themselves). Being made of the high quality ‘super-flint’ glass d...

6. [2022] NZACC 139 - Rawson v ACC (20 July 2022) [pdf, 260 KB]

   ...Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is whether the decision of the Accident Compensation Corporation dated 12 November 2020 accepting the appellant’s claim as a work-related personal injury at Anderson and O’Leary Limited is correct. [2] The position of the appellant is that he meets the requirements for a work-related personal injury under the Accident Compensation Act 2001. ACR...

7. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

   ...adjustment disorder (which Dr Kumar believed to have already largely abated). [13] On 6 April 2019, Mr Leaf obtained deemed cover for PTSD, because the time frame for the Corporation to issue a cover decision had expired. [14] On 8 November 2019, a request was made on Mr Leaf’s behalf for entitlement to loss of potential earnings (“LOPE”). [15] On 25 February 2020, Dr Kumar confirmed his diagnosis of adjustment disorder rather than PTSD (even though he noted that Mr Lea...

8. Carroll v Maihi-Carroll - Waipuka 2R Sec 3 (2012) 15 Takitimu MB 234 (15 TKT 234) [pdf, 174 KB]

   ...facilities and continue to trespass over Lot C. The occupiers of Lot C deny the claims and in effect counterclaim that Rex Carroll has permitted a nephew to move a caravan on to the land straddling both Lots D and C and has refused to take steps at the request of the occupiers of Lot C to remove the caravan from their site. [8] The issue for determination is whether or not the application for trespass and damages should be granted. In addition, a live issue remains whether or not th...

9. Brichris Holdings Limited v Irmac Builders Limited (in liquidation) [2012] NZWHT Auckland 7 [pdf, 105 KB]

   ...satisfied that Mr Neilson has properly established his claim in terms of section 91(1)(b) and has ―scaled‖ the threshold for assessing substantial merit. The literal information advanced by Mr Irwin was clearly without substantial merit. It formed the basis of Mr Neilson‘s joinder and the revised claim from the claimant. All such documentation has been served on Mr Irwin and so available to him. The Tribunal therefore has ability to award costs against Mr Irwin. Mr Irwi...

10. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

    ...The Tribunal has upheld the complaint. The Interim Decision [7] The Tribunal’s interim decision of 11 March 2014 is to be read with the present decision. The interim decision put the parties on notice of potential factual findings based on the information then before the Tribunal. The potential factual findings were: [7.1] The adviser was the sole licensed immigration adviser involved in the practice of Hammadieh Consultancy FZ LLC. [7.2] The agreement the complainants signed notif...