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1. MT & Anor v NK & Ors [2024] NZDT 798 (12 November 2024) [pdf, 248 KB]

   ...The Tribunal orders: The claim by MT and QT against all four Respondents is dismissed. Reasons Background and identification of parties 1. The Applicants (MT and QT) entered into a contract (“the agreement”) on the standard ADLS form to purchase the property at [address] from the First and Second Respondents (“NK and OK”) on 28 July 2023. The agreement was a secondary (back-up) contract with there being an existing contract on the property. The agreement was uncondit...

2. Fast Dispute Resolution - Consultation on a new statutory adjudication framework [pdf, 665 KB]

   .................................................................................... 13 Voluntary participation ..................................................................................................... 14 Setting a threshold for payment claims ............................................................................ 14 Cross-border disputes ..................................................................................................... 15 Theme 2: Who should provide adj...

3. NZ Private Prosecution Service Ltd v Key (Strike-Out Application) [2015] NZHRRT 48 [pdf, 157 KB]

   ...affidavit sworn on 9 June 2015 Mr McCready deposed that on 29 April 2015, at a time when NZPPSL was endeavouring to persuade the District Court to accept the private prosecution brought by NZPPSL against the defendant, he had contacted Unite Union requesting Ms Bailey’s contact details but had been refused. He had subsequently served Ms Bailey with all documents filed in the Tribunal by emailing them to Unite Union. There had been no response with the result Mr McCready was unsure whe...

4. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...a consumer under the CGA. Was there a contract between the parties, and if so was it a term of the contract that the work would be carried out in an acceptable and tradesperson-like manner? 8. The Law of Contract provides that a contract is formed when there is offer, acceptance, consideration, and the parties intend to be legally bound. The terms and conditions of a contract should be clear and known to both parties because each parties’ rights and obligations under the contract...

5. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...addition, the consumer may also obtain damages from the supplier (s 32(c)). The Tribunal may award a refund of part, or all of the money paid for the services of the supplier (s 38). The Tribunal shall have regard to the value of any work or services performed by the supplier (s 39). 12. I have already found that DS has not proven that HW failed to provide his services with reasonable care and skill. I have also already accepted that the final delivery of the service was reasonable...

6. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...calculated as follows: Repair costs $13,012.80 Legal costs $ 1,035.00 CI0301_CIV_DCDT_Order Page 5 of 6 $14,047.80 Referee: J Robertshawe Date: 28 January 2021 CI0301_CIV_DCDT_Order Page 6 of 6 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...

7. TD v S Ltd [2024] NZDT 308 (13 May 2024) [pdf, 195 KB]

   ...Referee: K Johnson Date: 13 May 2024 https://legislation.govt.nz/act/public/2017/0005/latest/link.aspx?id=DLM6844560#DLM6844560 https://legislation.govt.nz/act/public/2017/0005/latest/link.aspx?id=DLM6844561#DLM6844561 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...

8. HH & HT v WT Ltd [2023] NZDT 22 (28 February 2023) [pdf, 197 KB]

   ...the time HH and HT booked their outing. It was not clear whether the “bottomless” refers to food or drinks and could have been misleading. 11. Had HH and HT known the “Bottomless Brunch” only applied to drinks they could have made an informed decision about where they wanted to have brunch. They did not have that opportunity. 12. HH and HT were misled; WT Ltd breached the Fair Trading Act 1986. WT Ltd accepts the information was unclear and advises me it has now amended i...

9. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...c. Is the amount claimed reasonable? Are QX & TX entitled to withhold [Company] monies from KD to offset other alleged liabilities? CI0301_CIV_DCDT_Order Page 2 of 5 4. When two parties exchange something of value a contract is formed. To be bound by a contract, both parties must be certain about the essential terms of the contract. In this situation, the parties agreed and signed a [Contract Agreement] on 20 February 2018. The agreement was to run from 1 June 2018 to 3

10. NQ & TQ v WQ [2023] NZDT 360 (24 July 2023) [pdf, 106 KB]

    ...document or his bank records and if it that was incorrect, then it would be normal to expect an objection to be raised to that by WQ. g. It was suggested that WQ was previously used to dealing with payments by way of cheque in [country] and this form of advance was unknown to him and he did not read it or understand it. I find this suggestion unlikely. It is the transfer of a substantial amount of moneyback in 2005 and is the only record of it. It is reasonable and more likely than n...