Search Results

1. Q Ltd v S Ltd [2023] NZDT 772 (13 December 2023) [pdf, 158 KB]

   ...company car to TT, a business owned by S Ltd, for new pipes to be fitted in the exhaust. S Ltd’s employee replaced the chamber with pipes and the car was handed over to RX, after he paid $741.19 to S Ltd. 2. RX was unhappy with the car’s performance and complained to MK, in charge at TT. MK’s position was that the pipework was changed as instructed and 2” pipe was used because it fitted inside the existing flange. 3. MK did not agree that TT used the wrong size pipework and...

2. CJ & KJ v DW [2023] NZDT 347 (2 August 2023) [pdf, 120 KB]

   ...professionalism of the servicing or even necessarily that a ‘full’ service was carried out, unless these things were specifically mentioned or asked about, which they were not in this case. There was also no discussion prior to the contract being formed about the service history of the boat beyond the latest service. What are the reasonable damages payable by DW? 11. CJ and KJ say that if they had known that the last service had been in August 2021 (and that that was not a...

3. HX v OH [2024] NZDT 849 (7 October 2024) [pdf, 105 KB]

   ...be paid that amount, but that they did need to re-negotiate the price. OH wanted her float back. After some discussion they agreed to $3,800 cash plus a small disused tractor and mulcher that HX had seen on OH’s property. 7. On 13 March HX informed OH that upon closer inspection of the tractor he decided that to was “too far gone” and he was no longer interested in the tractor and mulcher. 8. On 27 March, OH paid HX a further $1,800, bringing the total she has paid to $4,800....

4. XM v MK & NK [2024] NZDT 559 (5 August 2024) [pdf, 99 KB]

   ...consent to the sale of [Boat]? b. Is XM entitled to reject the boat and receive a refund of the $22,000.00 he paid for the boat? Did both owners consent to the sale of [Boat]? 3. When two parties exchange something of value a contract is formed. In this situation there is a record of a written document recording the sale of [Boat] dated 7 March 2024. 4. XM states he responded to an advertisement on [online], and he contacted the phone number given in the advertisement. He...

5. KO v UQ [2025] NZDT 20 (30 January 2025) [pdf, 214 KB]

   ...paid the head tenant a total of $1790 comprising a bond of $1160 and $630 for two weeks rent for the period 11 May to 25 June 2024. 2. On 9 May 2024 or at the latest 10 May 2024, just before the agreement was due to commence, the head tenant informed the flatmate that he had given notice to the landlord and would be vacating the tenancy on 9 June 2024. He also presented the option for her take over the tenancy with the landlord, and for her to find other flatmates but she declined and,...

6. QC v G Ltd [2025] NZDT 106 (21 February 2025) [pdf, 180 KB]

   ...repair cost of $609.51. However, he is not entitled to the credit card charge when this was his choice to pay in this manner, incurring this additional fee. Referee: G.M. Taylor Date: 21 February 2025 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...

7. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Treatment Injury s 32 Accident Compensation Act 2001] ____________________________________________________________________ [1] The appellant, Conrad Pentecost claims cover for hair loss as a result of a Kenacort injection applied to his right shoulder. The claim for a treatment injury was made in July 2018 for “the adverse reaction of hair loss to the Kenacort injecti...

8. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The defendant applies for orders that certain documents be ruled inadmissible. The application is opposed. [2] The application arises in the context of a claim brought by Mr Miller against his former employer, Fonterra Co-operative Group Limited (Fonterra). He held positions in Kiwi Co-operative Dairies Limited (Kiwi) and then with the defendant company following amalgamation in October 2001. He, along with a number of oth...

9. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...minimum wage arrears and an entitlement to sick leave and holiday pay. Mr McIvor also told Mr Saad that it was unacceptable to work without a break from 8 am to 3 pm. Mr Saad’s response to this complaint was that the other employees generally had requested this late lunch break to enable them to all eat together after production had ceased for the day. Mr Saad was not prepared to stop production for an earlier lunch break. [22] Mr Saad then told Mr McIvor that if he wished to...

10. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

    ...there from time to time when visiting New Zealand, and that he did not know where Mr Noble was living, or in which USA state he resided. [19] A notice of opposition was filed. It asserted under the rules of procedure that the statement of claim as originally filed on behalf of BCL’s client had met the necessary requirements as to an address for service for Mr Noble, so there was no breach of duty. Reliance had been placed on the Anti-Money Laundering and Countering Financing...