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1. EU v NO [2020] NZDT 1340 (16 March 2020) [pdf, 175 KB]

   ...If so, is he liable to refund EU the deposit he paid? 7. Under s43(3)(e) of the FTA I am ordering NO to refund the money EU paid as a deposit – that is, $12,800.00. Referee: C ter Haar Date: 16 March 2020 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...

2. TQ v IU [2023] NZDT 117 (1 March 2023) [pdf, 93 KB]

   ...unjust enrichment, my finding is that it would be unjust if IU was to retain the benefit of that repair work at TQ’s expense. 16. IU is to pay TQ $983.49. Referee: Nicholas Blake Date: 1 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...

3. SM v BQ [2023] NZDT 143 (8 June 2023) [pdf, 110 KB]

   ...because once an order is made by the court the debt is crystallised. 6. Accordingly, BQ is to pay SM the amount of $12,035.67 as ordered. Referee: P McKinstry Date: 8 June 2023 CI0301_CIV_DCDT_Order Page 2 of 2 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...

4. FD Ltd v UD [2023] NZDT 121 (3 March 2023) [pdf, 100 KB]

   ...the car loan would become payable in full, since instalments could no longer be deducted from his pay. I therefore find that UD must pay $3,720.00 to FD Ltd. Referee: E Paton-Simpson Date: 3 March 2023 Page 2 of 2 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...

5. QD v B Ltd [2024] NZDT 62 (31 January 2024) [pdf, 86 KB]

   ...agreements relating to refund of the deposit in the event that the project didn’t proceed. 5. Although deposits can usually be assumed to be non-refundable, particularly when their purpose is to secure a booking or hold certain dates for work to be performed, or allow for pre-ordering of materials or equipment, there is no suggestion or evidence that there was any specific disadvantage or cost to B Ltd in this case when the project was cancelled. The cancellation occurred some 2-3 mo...

6. DN v MF [2025] NZDT 130 (27 March 2025) [pdf, 164 KB]

   ...have agreed to the proposals set out in the notice served on him. 5. For the above reasons, MF is to pay $6,814.35 to DN before 27 April 2025. L Thompson Disputes Tribunal Referee 27 March 2025 Page 2 of 2 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. [2022] NZEmpC 236 TPT Forests Ltd v Penfold [pdf, 182 KB]

   ...obligations to TPT, causing TPT loss and damage. TPT seeks declarations, damages, and compliance orders. The proceedings are strongly defended. [2] It is anticipated that approaches the defendants made to Manulife Investment Management (formerly Hancock Natural Resource Group Inc) (Manulife) will be a focus of the proceedings. Manulife is the agent for client entities that had log marketing sales agency agreements with TPT entities. The defendants say that breaches of...

8. Advocacy-in-the-Employment-Court-Some-Observations-2014.pdf [pdf, 278 KB]

   ...to be complied with. Be realistic about timeframes from the outset and take appropriate steps to deal with any unexpected issues in a timely manner. If slippage is unavoidable keep the Court informed via memoranda. A favourable response to a request for an indulgence is more likely to be forthcoming if it is not left to the last minute. Comply with any directions made by the Court. Be aware that the Court does not receive any documents from the Authority. Seeking to pro...

9. TD v KH [2023] NZDT 183 (18 April 2023) [pdf, 108 KB]

   ...advertisement on [website] for the sale of his [ute]. She asked KH about the condition of the ute via a question on [website]. He sent her a video of the underside of the ute which showed and described rust on the underside of the ute. She asked for further information about his use of the ute on the beach. 2. TD purchased the ute for $22,000.00 from KH in [City]. On her drive home to [Town] the clutch burnt out. When the clutch was being repaired the mechanic, from Q Ltd, put the ute...

10. BT v U Ltd [2024] NZDT 201 (8 April 2024) [pdf, 110 KB]

    ...but both parties agree there were no written terms which covered matters such as risk. It was noted on the website that U Ltd held liability insurance of $200,000. CI0301_CIV_DCDT_Order Page 2 of 5 5. A party to a contract is required to perform the services contracted for with proper care and skill. 6. The original arrangement was that U Ltd would collect the car from the seller’s address but when it arrived there, the driveway was too narrow to access. U Ltd arranged with t...