Search Results

1. CQ v LM [2023] NZDT 703 (16 December 2023) [pdf, 231 KB]

   ...he has shortpaid 4 days rent, being $168.57. I find it reasonable to deduct this amount from the bond held and order the balance of $421.43 be refunded. Referee: DTR Edwards Date: 16 December 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 rehe...

2. QN v UD & ND [2024] NZDT 640 (26 August 2024) [pdf, 225 KB]

   ...although I accept that the respondents breached their contractual obligations to [website], that does not necessarily invalidate the contract that the applicant and the respondents entered into. 14. I take into account that [website] is a platform and does not take part in the transactions. Those transactions are between the members. 15. For these reasons, I am satisfied that the [website] terms and conditions do not effect the agreement between the parties because it was their a...

3. NE & TE v SS [2024] NZDT 586 (6 September 2024) [pdf, 183 KB]

   ...property. 5. In the absence of evidence to the contrary I accept the Applicant’s account of the event as set out in paragraph 1 and I find that SS unlawfully caused damage to their property. I accept that the background was that SS had been performing work on the Applicants property and a dispute had arisen over the final payment. Regardless of the merits of that matter, I accept NE’s evidence that TE then saw SS stop his van outside their property. Then, after NE phoned SS and to...

4. DU v X Ltd [2024] NZDT 630 (20 September 2024) [pdf, 163 KB]

   ...refunded. 10. Accordingly, X Ltd is to pay the amount of $530.00 as ordered. I do not include the filing fee as I have no power to award this. Referee: P McKinstry Date: 20 September 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...

5. B R L v EQC & IAG New Zealand Ltd [2020] CEIT-2020-0051 [pdf, 934 KB]

   ...kitchen, bathroom, bedrooms, stair walls, one wall of the mezzanine floor and office. The walls through the garage section are unlined or lined with exposed plywood sheets. A mezzanine floor is supported on timber framed walls with timber joists forming the floor. There are three large sectional garage doors. These are cedar clad and are insulated. The garage space contains several rows of high-level racking providing storage which is formed from timber built directly off the co...

6. Litchfield and Anor v The Country Cottage Co Limited [2011] NZWHT Auckland 33 [pdf, 103 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000012 [2011] NZWHT AUCKLAND 33 BETWEEN MARIE LITCHFIELD AND GRAHAM WELLS Claimants AND THE COUNTRY COTTAGE CO LIMITED First Respondent AND AUCKLAND COUNCIL Second Respondent AND WILLIAM GEORGE TUNNICLIFFE (Removed) Third Respondent AND BLAIR ALEXANDER MELVIN (Removed) Fourth Respondent Hearing: 16 June 2011 Decision: 4 July 2011 PARTIAL DETERMINATION ON LIMITATION ISSUES Adjudicator: P

7. NN v MF [2020] NZDT 1332 (18 June 2020) [pdf, 203 KB]

   ...dispute, as any terms must be incorporated and agreed before sign-up. Any terms sent after set-up are not incorporated into the contract. Was Ms F given adequate notice of the term? 9. As I cannot make a finding in this case that the term formed part of the contract with Ms F, I need not consider whether adequate notice was given of an incorporated term. Referee: J Robertshawe Date: 18 June 2020 CI0301_CIV_DCDT_Order Page 3 of 3 Informatio...

8. NN v EE [2024] NZDT 736 (14 October 2024) [pdf, 177 KB]

   ...holiday house is a service ordinarily supplied to consumers, so the Consumer Guarantees Act 1993 (CGA) applies. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. In this instance, the accommodation had to be reasonably fit for a short holiday...

9. [2014] NZEmpC 71 Gazeley v Oceania Group NZ Ltd [pdf, 81 KB]

   ...all of the circumstances prevailing, to order her interim reinstatement. [7] Ms Dunn, counsel for the defendant, in her submissions on costs, has raised an issue as to whether Mrs Gazeley has in fact actually incurred costs to the extent now claimed by her. This is based on the fact that during the course of interlocutory matters and in view of Mrs Gazeley’s precarious financial position, the levying of fees by Ms Sharma was being held in abeyance. The substantial portion of the...

10. Paki - Te Matai Kawana Whanau Trust (2004) 140 Aotea MB 290 (140 AOT 290) [pdf, 1 MB]

    ...of costs. If no agreement is reached, a further Court hearing will be necessary to consider this matter. In the meantime the Court directs that the Te Matai Kawana Whanau Trust funds held by the Westpac Trust are to remain undistributed until the claim for costs is finalised." The Application 4. The application as to the payment of costs pursuant to Section 79 came before the Court on the 12th August 2002 at 118 AOT 242 where the applicant set out in detail the costs that he was...