Search Results

1. B Ltd v JG & WG [2023] NZDT 770 (21 December 2023) [pdf, 108 KB]

   ...initial disclosure for each loan correctly, it failed to comply with some of the requirements for continuing disclosures. 11. Every six months from the start of each loan, B Ltd issued a Continuing Disclosure Statement. While most of the required information was included in these statements, B Ltd failed to disclose the annual interest rate or rates during the statement period, expressed as a percentage or percentages (CCCFA s 19(1)(h)) in its continuing disclosures for the new loan unti...

2. YM v DD Ltd [2024] NZDT 54 (26 January 2024) [pdf, 129 KB]

   ...deceive.” It is not necessary that there be any intention to mislead or deceive, so long as the conduct has that effect. If a breach of s 9 causes a person to suffer loss, the Tribunal may grant a remedy under s 43. 5. DD Ltd gave evidence that it informed YM that disassembly and reassembly would be a 12-15 hour job, and informed him of the likely cost. However, YM said that DD Ltd told him that if the insurer evaluates the striped engine, there is a 90% chance of reimbursement. DD Ltd�...

3. MN v TG [2023] NZDT 141 (30 June 2023) [pdf, 209 KB]

   ...Background 1. MN purchased a car from TG in early 2023. The car was advertised on TradeMe with a $1 reserve. The advertisement was relatively brief, and was accompanied by some photographs of the car and also a video of it. In addition, there was information provided through the question-and-answer function. 2. The issues to resolve the claim are: a. What was said about the car at the time it was sold? b. Did the car match this description? c. If not, how much will it cost t...

4. ND & UT v HX [2023] NZDT 329 (2 August 2023) [pdf, 130 KB]

   ...justification to HX for an act that would otherwise have been unlawful. I find that HX is not liable to pay UT $3,000.00 for the loss of A. Referee: Verdun Tawhara Date: 2nd day of August 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. HZ v JS [2023] NZDT 8 (6 March 2023) [pdf, 185 KB]

   ...any misrepresentation by JS. 25. As there was no misrepresentation, I do not need to go on to consider the remaining issues. 26. The claim is dismissed. Referee: P Byrne Date: 6 March 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 r...

6. H Ltd v K Ltd [2025] NZDT 35 (23 January 2025) [pdf, 188 KB]

   ...the above, I find that the Respondent is to refund the call centre charge. However, the claim related to the balance of the amount sought is dismissed. Referee: A Chand Date: 23rd January 2025 Page 3 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 at the time. If you wish to apply for a r...

7. BM & KM v L Ltd [2024] NZDT 475 (27 May 2024) [pdf, 180 KB]

   ...new driveway being laid large parts of it failed.” The respondent returned and replaced about 2/3 of the driveway. 2) When the ‘remedial’ work was done by the respondent, the applicant expressed unhappiness with that. The respondent was informed of this view and was asked to “satisfactorily complete” the contracted job. In October 2022 the respondent informed the applicants that it would not be taking any further action with respect to the driveway. 3) The applicants have...

8. H Ltd v O Ltd [2025] NZDT 54 (21 March 2025) [pdf, 189 KB]

   ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” … and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refer...

9. [2012] NZEmpC 119 LI v Huang [pdf, 57 KB]

   ...plaintiff became aware of the allegedly fraudulent documentation only during the course of the Authority’s investigation and at that stage it was not possible to obtain expert evidence on the alleged forgeries. That issue, therefore, did not form part of the Authority’s investigation. [6] In his statement of defence, Mr Huang strongly denies the allegation of forgery and he also denies that his employment agreement was subject to the alleged two conditions referred to above....

10. [2021] NZEmpC 152 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

    ...and an application to join parties) [1] Mr AlKazaz wishes to challenge a determination of the Employment Relations Authority (the Authority), essentially in relation to remedies.1 [2] Mr AlKazaz was successful in the Authority in a claim that he brought against Enterprise IT Ltd (Enterprise IT) for unjustifiable dismissal. As a result of the determination, Enterprise IT was ordered to pay Mr AlKazaz: (a) $22,999.99 gross in lost wages; and (b) $12,000 as compensati...