Search Results

1. T Ltd v O Ltd [2024] NZDT 190 (8 February 2024) [pdf, 182 KB]

   ...been checked by means of a GPS, and were correct. It was agreed that T Ltd would not complete the post holes because of the weather at the time, and $500.00 was deducted from the sum due for that reason. [4] TI said that a week later, KT had informed him that he was not satisfied with the work because the ground along the fence line that he wanted had not been filled completely. A site meeting was arranged, and TI had said that he would do the filling work that KT wanted to be done un...

2. NH Ltd v OZ Ltd [2023] NZDT 396 (9 August 2023) [pdf, 190 KB]

   ...contract. If the respondent has breached the contract, what is the appropriate remedy? 14. The remedy for a breach of contract is for the breaching party to put the other party into the position they would have been in had the contract been performed. In this case, that means that the respondent is obliged to pay the applicant’s outstanding invoices – that is, a total of $28,437.56. If the applicant has not provided its services with reasonable care and skill, what is the appr...

3. IT v A Ltd [2023] NZDT 419 (6 September 2023) [pdf, 195 KB]

   ...is no excuse for a principal contractor to blame its own sub-contractors. If so, what is the remedy? 12. The remedy for a breach of contract is to place the affected party into the position it would have been in had the contract been performed. 13. IT’s position is that it cost him $15,000 to finish the work, less $7,500.00 which he says he did not pay; $1590.00 to replace the dishwasher, and $7885.00 for lost rental income as he says he was unable to sell or rent until h...

4. N Ltd v D Ltd [2024] NZDT 732 (5 December 2024) [pdf, 191 KB]

   ...findings because the legal position is clear. 10. For these reasons, the Applicant’s claim against the Respondent is dismissed as noted in the order. Referee: D. Brennan Date: 8 December 2024 Page 4 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...

5. EL v N Ltd [2024] NZDT 517 (12 July 2024) [pdf, 201 KB]

   ...acceptable quality. Conclusion 20. As I have found that EL has proven his claim an order is made to reimburse him for the expense he incurred. Referee: Ms Cowie DTR Date: 12 July 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...

6. U Ltd v G Ltd [2024] NZDT 480 (19 April 2024) [pdf, 101 KB]

   ...in itself mean that G Ltd is a firm engaging in coach building or that G Ltd holds itself out to be coach builders. 14. Accordingly the claim is dismissed. Referee: W Lang Date: 19 April 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 reh...

7. L Ltd v D Ltd [2024] NZDT 901 (3 October 2024) [pdf, 209 KB]

   ...the gearbox was damaged beyond repair. They noted that the front transmission oil reservoir was full, but the rear transmission oil reservoir was nearly empty. There were metal filings in that reservoir and the oil was discoloured. 7. D Ltd informed L Ltd about the problem on 26 January. 8. On 31 January, L Ltd issued an invoice to D Ltd for $2,641.37 for the service. 9. On 26 March 2024, D Ltd issued an invoice to L Ltd for $16,283.18 for replacement of the gearbox. 10. T...

8. [2022] NZACC 114 – Jamieson v ACC (15 June 2022) [pdf, 152 KB]

   ...(disbursements) incurred in pursuing his appeal, such as travel costs to a hearing, printing costs for preparing a bundle of documents, or the cost of obtaining a medical report for the appeal. Mr Hawes-Gandar did not receive a response to this request. [6] On 10 June 2022, Mr Hawes-Gandar filed a memorandum, submitting that there was no basis on which to make any costs order in favour of Mr Jamieson. Discussion [7] As noted above, Mr Jamieson has claimed financial compensation/rep...

9. [2020] NZIACDT 34 ZT v Li (20 July 2020) [pdf, 340 KB]

   ...The three of them agreed at this meeting that approval of the transfer should be sought before investment. Ms Li seeks approval of the funds transfer [11] On 22 February 2016, Ms Li sent the transfer documents to Immigration New Zealand and requested confirmation that the funds had been correctly transferred. She advised that the complainant had transferred $1.65M to his bank account in New Zealand. Once the agency had confirmed the transfer, the complainant would invest the fu...

10. Ruapuha Uekaha Hapu Trust - Hauturu East 8 Block (2008) 134 Waikato MB 3 (134 W 3) [pdf, 10 MB]

    ...Ture Whenua Maori Act 1993 (section 237). It is not an oppOttnnity to change the nature of the trust by redefining the class of beneficiaries or by imposing a new purpose for the trust. [62] Mr Tane's submissions were that while the trust was formed following a Wai settlement, the Wai 51 claim was based on the public works acquisition of the land by the Crown and its non-retum. Thus the trust f0l111at should not be affected by some wider view of overall Treaty performance by th...