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1. [2017] NZEnvC 107 Li Wu v M S Holderness and Auckland Council [pdf, 2.6 MB]

   ...made on the request of Mr Li and Ms Wu on 9 December 2016. Subsequently, by further Minute, Mr Li and Ms Wu advised that they were now willing to mediate and accordingly the Court did not make further directions to hearing. [7] There followed requests for further clarification of the discovery orders through December and January, necessitating a further teleconference. A conference was held on 20 January 2017, resulting in further directions being made and the requirement for the...

2. KN v MQ Ltd [2022] NZDT 187 (21 October 2022) [pdf, 108 KB]

   ...guarantee, whereby the vendor agreed to pay for an untenanted period after the settlement date up to a maximum of $3,600 or six weeks’ rent (whichever is lesser). To be eligible for this payment, the purchaser needed to provide three pieces of information to the vendor, one of which (cl. 36.1(a)) was: “If the purchaser is not part of the Collective Property Management Agreement pursuant to clause 37, a fully signed rental listing agreement with one of the agents recommended by the ve...

3. KL v BD [2023] NZDT 610 (20 November 2023) [pdf, 191 KB]

   ...background such as joggers and cars. She said that there were balustrades and a chillibin and bottles in pictures that should have been edited out. She pointed to photos that were poor because of lighting. 12. KL provided opinion evidence in the form of emails from photographers that she had showed the photographs, who said the photos appeared to be unedited. 13. In respect of this evidence, I accept BD’s concern that we don't know which photos were viewed or the level of ex...

4. NC v VU Ltd [2023] NZDT 546 (12 October 2023) [pdf, 176 KB]

   ...satisfactory lease ever being agreed. [17] On that basis I am persuaded NC is entitled to a full refund of the deposit paid. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Hannan DTR Date: 12 October 2023 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 at the time. If you wish to apply for a...

5. 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...

6. 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...

7. 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....

8. 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...

9. 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,...

10. 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...