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1. Ratima v Ratima - Tahoraiti 2A 12A (2023) 105 Takitimu MB 29 (105 TKT 29) [pdf, 312 KB]

   ...though an order of partial termination was made) the ownership lists for the Tahoraiti 2A 12A and Tahoraiti No 1 Section 3 blocks are now erroneous. It is submitted that this was a simple oversight by the applicants at the time. The applicants request that the Court take into account the applicants’ lack of representation and lack of appreciation of the technicalities required to formally record beneficial ownership in such matters and to have regard to the actual intent of the part...

2. Guo v CAC304 & Ors [2015] NZREADT 35 [pdf, 258 KB]

   ...without a bid at auction. 2.9 On 11 July 2013 licensee 1 contacted the purchasers to inform them that the property had not sold at auction and was now listed at an asking price of $639,000. 2.10 On 20 July 2013 Barfoots agreed with the vendor’s request to release them from the sole agency agreement and withdraw the property from sale. 2.11 In early August 2013 the property was listed for sale by Blue Fern Realty Limited trading as Harcourts Henderson Heights (Harcourts HH). 2.12...

3. NG & UG v B Ltd [2023] NZDT 502 (30 August 2023) [pdf, 107 KB]

   ...because that was the basis on which the proposed management fee was reduced from 6% to 5%. 6. Although B Ltd implemented the 5% fee in the expectation that the new contract would be signed, I consider that this was a situation in which a degree of formality was expected, and the new contract would not become binding until it was signed by both parties. Meanwhile, the CI0301_CIV_DCDT_Order Page 2 of 3 original contract, which rolled over at the expiry of the 12-month term, remained i...

4. E v G [2023] NZDT 32 (10 February 2023).pdf [pdf, 209 KB]

   ...with it since he purchased it. E did not dispute that and he also inspected the engine and says he could see it wasn’t in the greatest shape. Was the contract conditional on the engine being in running order? 7. I find that the contract was formed unconditionally because E inspected the engine, a price was agreed and G sent him an email on 31 May stating “Sold as is where is. Comes with wiring kit and gauges and bits. Turbo risers will be here later this week” and provided...

5. IT Ltd v HI Ltd [2023] NZDT 572 (29 November 2023) [pdf, 93 KB]

   ...together with $23.56 in penalty interest to date, $628.00 for the statutory demand, and $519.27 in other collection costs. HI Ltd did not pay, and IT Ltd now seeks payment of the invoice with interest and collection costs. The amount stated on the claim form was $5,502.69, but this seems to be an error, being the total of the invoices originally referred to debt collection. 3. The issues to be determined are: a) Is HI Ltd entitled to deduct more in damages for the door? b) Is IT Ltd e...

6. Q Ltd v B Ltd [2023] NZDT 438 (11 July 2023) [pdf, 112 KB]

   ...from UE on 9 January 2023 arranging for the two course enrolments. E-mail confirmation of the enrolments was sent to UE's personal e-mail address. 6. On the morning of the courses, being 10 January 2023, UE and MX completed Learner Enrolment Forms which on the second page have space for details about who is paying the bill. 7. Both UE and MX ticked “company account”. UE provided the name “[B Ltd]” and EU provided the name “[B Ltd]” and gave an e-mail address for t...

7. BI v A Ltd [2024] NZDT 833 (19 September 2024) [pdf, 94 KB]

   ...evidence for another vehicle behind him being involved and/or causing all of the damage to all vehicles. Even if it were to be accepted that another vehicle hit the rear of his vehicle, it is not known in what order the impacts occurred. QA’s claim form states “Car in front of me made a random abrupt stop for no reason. I lightly tapped his rear bumper – no damage so we agreed to no action.”, and then “Car behind hit my rear end + fled the scene. No ID.” 5. The above statem...

8. B Ltd v QM [2024] NZDT 288 (8 May 2024) [pdf, 93 KB]

   ...touch with him to discuss completion of the work. 4. B Ltd then sent QM a letter advising they “had arranged to finish uncompleted projects”. In order to proceed, they asked QM to review the details in the letter and sign as agreed. The information in the letter included the amount payable and the scope of work. QM signed the letter as being accepted. 5. The motorised louvre was duly completed and installed, with an invoice being raised for the balance of the louvre price.

9. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 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. CI0301_CIV_DCDT_Order Page 2 of 3 7. I consider that the supplier failed...

10. DT v N Ltd [2023] NZDT 178 (3 May 2023) [pdf, 185 KB]

    ...found the failure was not of a substantial character, DT is not entitled to reject the goods and not entitled to a refund. Therefore I have dismissed DT’s claim. Referee: JF Tunnicliffe Date: 3 May 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...