Search Results

1. DB v FX [2018] NZDT 1489 (3 December 2018) [pdf, 184 KB]

   ...losses, since he failed to get any mechanical checks done before purchase. 15. For the reasons given, FX is liable for the full amount of the claim. Referee: E Paton-Simpson Date: 3 December 2018 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. If you wish to apply for a rehearing, yo...

2. E Ltd v M Ltd [2020] NZDT 1658 (11 November 2020) [pdf, 161 KB]

   ...trees”. CI0301_CIV_DCDT_Order Page 4 of 5 c. Trees from three different nurseries separated by 600km and using different soil media were equally affected for the first time on the same sites in the same year. d. There is not sufficient information to determine with any certainty the cause of causes of the problem, but a possible explanation is that challenging weather conditions during spring, combined with “the stress of heavy flowering” created an environment that ca...

3. XD v Q Ltd [2024] NZDT 100 (22 February 2024) [pdf, 197 KB]

   ...trading name. MC was not able to provide a phone number for the director of Q Ltd. 4. The supplier of XD’s [redacted] spa, in September 2021, was most likely Q Ltd, which was operating the business at the time. I am satisfied on the basis of the information provided that D Ltd, which currently trades as QT, did not have a contract with XD, and so has no liability under the Consumer Guarantees Act 1993 in relation to XD’s spa. 5. The notice of hearing was sent to Q Ltd at its r...

4. U Ltd v B Ltd (2023) NZDT 591 (14 November 2023) [pdf, 204 KB]

   ...consistent with U LTD’s comprehensive description of K’s behaviour and actions in response to their attempts to find out what was holding up the job and arranging for other parties to assist with moving things forward. 9. Based on all the information supplied by both parties, I find that U LTD’s reasonable efforts to make progress on the job by engaging another engineer to inspect the truck in early 2022 led to B LTD’s repudiation of the contract (K made it clear to U LTD that...

5. VI & BB Ltd v QN & Ors [2024] NZDT 720 (9 September 2024) [pdf, 126 KB]

   ...undertaken on a good will basis, and do not consider there is sufficient evidence to support a finding that there was an oral agreement which altered the terms of the written lease. In any event, even if there were such an agreement, a failure to perform the work to an acceptable standard would not give rise to a right for VI to cancel the lease. At best VI would be entitled to some damages for any extra work she had to undertake. 16. Given my finding that there was no breach of the le...

6. D Ltd v H Ltd [2023] NZDT 769 (16 December 2023) [pdf, 155 KB]

   ...which total $18,160.80. Page 2 of 5 5. The hearing was by teleconference. Z and T represented D Ltd and H represented H Ltd. H Ltd’s insurer withdrew from the claim prior to hearing on the basis it did not provide cover on the information it had seen. 6. In considering the evidence and information the parties have provided, I need to decide: a. Whether H Ltd is in breach of an obligation regarding the painting to D Ltd; b. If so, what loss that has caused D Ltd....

7. NS & TS v Q Ltd [2024] NZDT 892 (6 November 2024) [pdf, 148 KB]

   ...internet banking. 7. The bumper was wrapped up when TS collected it. Upon unwrapping the bumper, TS saw a sticker on the inside of it stating that it was suitable for [vehicle] models from 2015 onwards, and an installation manual giving the same information. 8. The bumper did not fit on TS and NS’s [vehicle]. 9. There was no issue with the underbody armour. 10. The claim seeks a refund of the purchase price of the bullbar, plus mileage costs (travel from [City 2] to [City...

8. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...partially upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. 18 [90] A timetable is set out below. Any request that Mr Li undertake training prior to any relicensing should specify the precise course suggested. Any requests for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [91] The timetable for submissions will be as follows:...

9. [2007] NZEmpC WC 20A/07 Gaskin v Grenside [pdf, 32 KB]

   ...which does not appear to impose any such specific obligations. Discussion [20] A settlement made in terms of s149 of the Employment Relations Act 2000 requires that the mediator, before signing the agreed terms of settlement at the request of the parties, must explain to the parties that the terms are final and binding on and enforceable by them. The terms may not be cancelled under s7 of the Contractual Remedies Act 1979 and, except for enforcement purposes, no party...

10. ACF v ZXY [2013] NZDT 149 (27 June 2013) [pdf, 96 KB]

    ...a risk he was releasing the capsules too soon. That this is so is established by the demonstration he gave early in the day, and his several other reminders to CK during the day. As the owner of the stock, and ZXY’s customer, LR could have requested that CK stop administering the capsules, or that the operation be stopped altogether. He states that he did not take this step because he was not aware of the dangers of releasing the capsules too soon. He had thought that the capsul...