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1. Daly v Accident Compensation Corporation (weekly Compensation) [2022] NZACC 217 [pdf, 262 KB]

   ...weekly compensation and thought that “the base calculation” was correct, but that the value of certain allowances that Mr Daly had received should have been added to his pre-incapacity earnings. On 23 May 2018, the Corporation considered this request, but determined that the allowances were not of a type that could be included in earnings. [11] On 2 July 2018, Mr Schmidt wrote to the Corporation again, this time advising that Mr Daly had worked on his own farm in a self-emplo...

2. ID v SN [2024] NZDT 171 (18 April 2024) [pdf, 215 KB]

   ...crumbling rust. SN said that section of the car was not repaired when the rust work was done by him as it was not deemed to be necessary at the time the repairs were carried out. ID was told that the car would need work to make it a daily car. All this information was available to ID at the time of purchase, and it was open to him to ask more questions if he wished. 20. In relation to the claim that the car was drivable, SN denies saying that the car could be driven from [location 2]...

3. XU v NP & Ors [2023] NZDT 547 (3 October 2023) [pdf, 158 KB]

   ...title shall not pass until full payment is made” (the Romalpa clause”). The gates were not paid for. CI0301_CIV_DCDT_Order Page 2 of 5 8. NP used the barn in which the gates were installed during the period 2006 to 2017 by way of an informal arrangement with the T Club who, according to NP had erected the barn some years previously and used it to store the jumps in. NP said that it was agreed he could use the barn in return for NP’s help to obtain funds for the T Club to b...

4. BS v KC & DC [2024] NZDT 721 (9 September 2024) [pdf, 114 KB]

   ...this was the maximum height permitted (in the absence of a resource consent) for the fence because of the heritage listing that applies to KC and DC’s house. 3. After I issued my order BS filed an application for a rehearing. He said that new information had become available since the original hearing. The new information BS referred to was: a. He said the local Council had changed its position and told him that a 2m high fence could be built on the boundary; and b. He said the b...

5. Holden v Hanns [pdf, 48 KB]

   ...Background Allegations against Equus 18. Equus manufactures the THERMEXX cladding system. As it said in its brochure:- The THERMEXX Insulating Wall Cladding system is applied over many stable building materials. Fire resistant polystyrene foam forms the insulation layer. This is overcoated with a layer of THERMEXX REINFORCED with fibreglass cloth. A range of Equus coating systems from very fine to very coarse textures if available to choose from for the final finish. The appl...

6. EM v S Ltd [2023] NZDT 171 (5 June 2023) [pdf, 124 KB]

   ...do not make further orders under the FTA or consider an award for stress is warranted given alternative flowers and equipment were able to be arranged. Referee: J Costigan Date: 5 June 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 re...

7. XN v BP [2023] NZDT 736 (13 December 2023) [pdf, 177 KB]

   ...provides a checklist of details that must accompany a repossession warning notice. The note BP sent did not comply with many requirements of the warning notice. In particular, it fails to specify the act of default under the agreement. Further, the informal written note that contained a few of the fundamental terms of the agreement does not allow BP the right to repossess the car. 7. I therefore find that BP was not entitled to issue a notice warning of his intention to repossess the...

8. BD v SL [2023] NZDT 6 (7 February 2023) [pdf, 109 KB]

   ...basis of an error made in the advised height of the colt. 2. BD filed a claim seeking the final payment of $500.00. 3. The issues to be resolved are: (a) Was a misrepresentation made about the height of the colt? (b) If so, did this information encourage the purchase? (c) Did the loss equal or exceed $500.00? Was a misrepresentation made about the height of the colt? 4. I find that BD inadvertently misrepresented the height of the colt. I have reached this conclusion...

9. O Ltd v MX & V Ltd [2023] NZDT 325 (20 July 2023) [pdf, 173 KB]

   ...gained a valid security interest in the [car], which it perfected the next day, and that it is now the party entitled to possession of the [car]. Referee: E Paton-Simpson Date: 20 July 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 rehe...

10. DX v CT [2024] NZDT 834 (8 October 2024) [pdf, 93 KB]

    ...the matter from being heard and determined. Was DX entitled to cancel the contract and receive a refund of his deposit? 7. The general law of contract and the Contract and Commercial Law Act 2017 (CCLA) apply. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. Once the terms of a contract are agreed, both parties are under a duty to the other to fulfi...