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1. E Ltd v SJ [2025] NZDT 258 (22 July 2025) [pdf, 200 KB]

   ...issued an invoice for $506 for the work carried out which was due to be paid by 3 March 2025. This invoice is not disputed but has not been paid yet. 4. In early March 2025, SJ restarted the due diligence process with E Ltd and provided further information to BF so she could produce a Profit and Loss (“P&L”) statement. SJ’s instructions were to first assess the numbers to see if the purchase would be favourable. If BF believed the numbers were not in SJ’s favour, the P&...

2. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...REQUIRED? ...... 5 WHAT WAS THE EXTENT OF THE DUTY OF CARE OWED BY MR WOODGER? 6 HAS MR WOODGER BREACHED THE DUTY OF CARE OWED, CAUSING OR CONTRIBUTING TO THE CLAIMANTS’ LOSS? ..................................................... 9 Defect A: poorly formed and constructed roof to wall junctions ...............................10 Defect B: poorly formed and constructed window and door joinery .........................11 Defect C: poorly formed and constructed cladding clearances .......

3. [2010] NZEmpC 97 Evolution E-Business Ltd v Smith [pdf, 27 KB]

   ...witnesses in those briefs exchanged in advance. [26] Mr O’Brien has signalled that the defendant may have one or two witnesses who are based overseas. If there is to be any application to have evidence taken by video conference call, a request to the Registrar should be made in plenty of time to arrange that. [27] The preparation of a common bundle of documents is to be the joint responsibility of both representatives and this is to be filed no later than one week be...

4. LC v TL and UB Ltd t-a HE [2021] NZDT 1668 (22 October 2021) [pdf, 150 KB]

   ...mileage of 24 km at 50 cents per kilometre. Conclusion 19. For the above reasons TL and UB Limited are to pay $662.00 to LC before 22 November 2021. Referee: L Thompson Date: 22 October 2021 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...

5. NW v KU [2021] NZDT 1672 (26 October 2021) [pdf, 136 KB]

   ...that basis. 31. KU is to pay to NW the sum of $1,250.00 on or before 17 November 2021. The Mazda 6 registration [redacted] remains the property of NW. Referee: P Byrne Date: 26 October 2021 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...

6. HG v N Ltd [2023] NZDT 650 (27 November 2023) [pdf, 184 KB]

   ...a tornado. Some containers were also damaged. SO, a director of N Ltd checked the container that the company had chosen to store HG’s goods in. She said that there was no visible damage to that container. After the storm SO contacted HG to inform her that she had opened the door of the container and said words to the effect that “everything looks fine”. However, when HG was ready to have her goods delivered from storage, N Ltd opened the container on or about 22 May 2023, some o...

7. 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...

8. 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...

9. 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...

10. 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...