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1. [2021] NZACC 119 - Koloni v ACC (03 August 2021) [pdf, 238 KB]

   ...ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 July 2021 Held at: Hamilton Appearances: D Wood for the appellant J Sumner for the respondent Judgment: 3 August 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury, whether condition requiring surgery the result of an accident or a pre-existing disease- s 26(2), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 13 August 2...

2. LN v JH Ltd [2022] NZDT 16 (18 February 2022) [pdf, 150 KB]

   ...Act 1988). Presuming the LN was aware of this, I suppose his purpose was not so much about the money as about having his complaints properly heard. Referee: E Paton-Simpson Date: 18 February 2022 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...

3. UU v UX [2019] NZDT 1547 (25 September 2019) [pdf, 153 KB]

   ...contract, only to recover damages. 9. Since the out-of-round wheel is probably not repairable, damages must be measured by the difference between the actual value of the wheels and the expected value of the wheels if the contract had been properly performed. 10. UX conceded that, even though this type of wheel is quite valuable and unique, there would be little or no market for a set of only three wheels. UU maintained that the tyres that came with the wheels were also worthless, an...

4. BL v K Ltd [2023] NZDT 176 (1 June 2023) [pdf, 193 KB]

   ...K Ltd confirmed today that the correct commission is $11,765.42 and BL accepted this figure. Therefore, I find that BL is entitled to a commission of $11,765.42. Referee: Sara Grayson Date: 1 June 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 reh...

5. X Ltd v L Ltd [2023] NZDT 104 (9 March 2023) [pdf, 186 KB]

   ...13. If a breach of s 9 of the FTA causes a person to suffer loss, the Tribunal may grant a remedy under s 43, including an order that one party pay the other the amount of the loss or damage. 14. I accept that X Ltd has suffered loss in the form of the freight charge for sending the tractor back to L Ltd. I accept the evidence from X Ltd that if it had known that 1,216 hours was not an accurate representation of the number of hours the tractor had done, it would not have purchased it...

6. EB & KB v D Ltd [2023] NZDT 288 (11 November 2022) [pdf, 210 KB]

   ...Ltd is to pay the sum of $120.00 to EB on or before Friday 25 November 2022. 2. D Ltd is to pay the further sum of $49.28 to EB on or before Friday 25 November 2022 if this sum has not already been paid. Reasons: 1. The respondent D Ltd is the former property manager for the applicants. The applicants are unhappy with the services provided in relation to two tenancies, the first from December 2018 to March 2022, and the second from 12 to 27 March 2022. 2. The applicants now claim $...

7. XX v SU [2024] NZDT 401 (31 May 2024) [pdf, 178 KB]

   ...a further $100.00 in nominal damages for trespass to recognise the intrusion into the consumer’s home. The total sum payable is therefore $1,142.00. Referee: E Paton-Simpson Date: 31 May 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 rehe...

8. B Ltd v M Ltd [2024] NZDT 482 (17 May 2024) [pdf, 176 KB]

   ...[2024] NZDT 482 APPLICANT B Ltd RESPONDENT M Ltd The Tribunal orders: M Ltd is to pay the sum of $10,863.00 to B Ltd on or before 31 May 2024. Reasons: 1. This dispute arises apparently as a result of email hacking, more formally known as business email compromise (BEC) fraud. On 14 August 2023, B Ltd issued an invoice to M Ltd for $24,725.00 for demolition work, due on 28 August. The invoice was emailed to M Ltd via [accounting software]’s messaging service...

9. KT & PD v KI [2024] NZDT 579 (13 August 2024) [pdf, 178 KB]

   ...when the furniture removal was going on, but he thought that KT and PD had been careless. The puppy had cost $1,500.00, and KI had replaced her with another of the same breed, for the same price. In his view, his loss offset the price of the work performed by the KT and PD. [4] KI said that he would have paid KT and PD $542.00 for their work had it not been for the death of the puppy. The issue [5] The question for me to decide is whether the applicants are entitled to succeed in t...

10. LQ v LE [2024] NZDT 590 (31 July 2024) [pdf, 178 KB]

    ...mechanical condition or history. Unfortunately for LQ, this was a situation where ‘buyer beware’ applied, and he must bear the loss of the expensive repairs undertaken. Referee Perfect Date: 31 July 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 f...