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1. TL & UL v Q & QT Limited [2024] NZDT 145 (12 April 2024) [pdf, 167 KB]

   ...great majority of contracts is governed by Part 2 Subpart 3 of the Contract and Commercial Law Act 2017 (CCLA). Sections 36 and 37 set out when a party has the right to cancel and section 42(1) provides that when a contract is cancelled, all unperformed obligations cease and the cancellation terminates the whole contract (but the secondary obligations such as any duty to pay damages survive). Section 43 of the CCLA then gives the court discretion to grant relief having regard to relevant...

2. TD v MT [2024] NZDT 173 (10 April 2024) [pdf, 225 KB]

   ...suggested that MT find alternative accommodation. 22. MT filed some documentation prior to the hearing in this matter. At no stage in the documents filed did he dispute that it was agreed that he would pay $280.00 per week rent. Much of the information submitted by MT was in relation to other incidents which were the subject of a CI0301_CIV_DCDT_Order Page 3 of 4 complaint by him to the Police. TD told the Tribunal that the Police had spoken to him about those matters and no furt...

3. KN v XD Inc [2024] NZDT 131 (4 March 2024) [pdf, 189 KB]

   ...the above reasons XD Inc is to pay $395.00 to KN before 4 April 2024, and also to provide him with a parlour case that is in good condition before the same date. Referee: L Thompson Date: 4 March 2024 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...

4. BM & OT v OE & DE [2023] NZDT 459 (5 July 2023) [pdf, 201 KB]

   ...remained the owners of this property they would have incurred this repair cost themselves. 17. Finally, my apologises to both parties for the time it has taken to issue this decision. Referee: A Hayes Date: 5/7/23 Information for Parties Page 4 of 4 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...

5. UI v T Ltd [2025] NZDT 11 (27 January 2025) [pdf, 138 KB]

   ...liable to pay the $65.00 fee? Did UI breach the contract by parking without registering for the 90 minutes free parking CI0301_CIV_DCDT_Order Page 2 of 5 and without paying for the additional 99 minutes? 7. A legally binding contract is formed where both parties agree to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear and there must be consideration. Consideration is something of value given to someone in return f...

6. KI v KB [2024] NZDT 467 (5 June 2024) [pdf, 232 KB]

   ...was selling a mechanically unsound vehicle because he stated “only selling as moving overseas”, but he has not moved overseas. KB explained why his family’s plans to move [overseas] had changed after they sold the vehicle, and based on the information I have, I cannot read anything into his stated intention in the ad to move overseas. 8. The key statements to consider in terms of misrepresentation are “regularly serviced” as written in the ad, and, in the questions section ...

7. UN v X Ltd [2024] NZDT 595 (17 July 2024) [pdf, 207 KB]

   ...have occurred. 19. The appropriate remedy is therefore the lower of the two quoted amounts for a full re-coat of the joinery, being $18,656.97. Referee Perfect Date: 17 July 2024 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 reh...

8. SZ v U Ltd [2025] NZDT 116 (13 February 2025) [pdf, 190 KB]

   ...for providing a loan car for 3 days, charging the car’s battery, removing allegedly contaminated fuel and replacing with petrol, replacing 4 spark plugs, scanning the engine for faults, replacing 2 cam sensors, consumables and labour. SZ sought information on the invoice and requested a breakdown of labour costs. No response was received. 4. On 4 January 2024, in order to recover the car Mr F paid the invoice under protest. Mr F has confirmed that there is an arrangement between him...

9. KF v D Ltd & BU [2025] NZDT 140 (31 March 2025) [pdf, 190 KB]

   ...line of driving did not deviate. KF said about 20 car lengths back from the intersection the road divides into lanes, a right turn lane and straight through lane and a left turning lane. The satellite picture of the intersection shows a cycle lane forms about 3 and a half car lengths from the intersection and KF said about 8 car lengths from the intersection a “buffer lane” starts that widens to about half a metre over 4 – 5 car lengths, between the lane and the cycle lane. e. KF s...

10. The Trustees of Part Rotomaha Parekarangi 8 Reservation v Cochrane - Part Rotomahana Pakrekarangi 8 Reservation (2020) 247 Waiariki MB 34 (247 WAR 34) [pdf, 184 KB]

    ...If further time is needed, then counsel should advise the case manager. [23] The orders for discovery as sought by Mr Harvey in paragraph 73 (f) of his memorandum dated 7 September are granted. Counsel are directed to provide the documents as requested in accordance with the timeframes requested. [24] Mr Fisher is directed to respond to Mr Harvey’s 7 September 2020 memorandum urgently. Failing any satisfactory response, the order as set out in paragraph 73 (g) of Mr Harvey’s m...