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1. NE & LE v IN & KC & CN [2020 NZDT 1537 (20 July 2020) [pdf, 93 KB]

   ...and CN, jointly and severally, are to pay the sum of $368.75 to NE and LE on or before Monday 3 August 2020. Reasons: 1. On 30 July 2019, NE and LE entered into a sale and purchase agreement to buy the respondents’ house using the standard form ADLS/REINZ Agreement for Sale and Purchase of Real Estate (ninth edition 2012(8)). Settlement was on 8 November 2019. In early December 2019, the purchasers had the heat pump inspected by [Company], which reported that the remote control wa...

2. KT & TE v B Ltd [2021] NZDT 1650 (12 November 2021) [pdf, 91 KB]

   ...retention in the terms of the contract, which override the statutory provisions (CCLA s 67), so the respondent must refund the full sum of $457.00. Referee: E Paton-Simpson Date: 12 November 2021 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...

3. SB v IK [2024] NZDT 255 (26 March 2024) [pdf, 94 KB]

   ...make a decision on the evidence place before me at the hearing. Did the respondent breach the contract with the applicant when he failed to supply the replacement sensory? 7. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a CI0301_CIV_DCDT_Order Page 2 of 3 contract are formed at the beginning, not at the end. What was agreed is looked a...

4. TE v M Ltd [2023] NZDT 602 (2 November 2023) [pdf, 177 KB]

   ...as to which door lock would be placed upon and her claim must fail. 16. M Ltd has sought payment of the outstanding sum for its final invoice. Beyond the allegations about the lock error, TE has not challenged to the invoice, which is, I am informed, largely for doorstops provided outside of the contract. Therefore, I make orders that this invoice for $649.37 is to be paid. Referee: C D Boys Date: 2 November 2023 Page 3 of 3 Informati...

5. HT Ltd v HW Ltd [2024] NZDT 556 (15 July 2024) [pdf, 172 KB]

   ...$23,162.54. 9. There were no terms and conditions regarding late fees or interest made in the settlement agreement, so the order is limited to the amount of the agreement. Referee: K Rendall Date: 15 July 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...

6. 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...

7. Waitangi Tribunal - issue 56 of Te Manutukutuku [pdf, 357 KB]

   ...their inquiry has completed. � 2 Editorial The Waitangi Tribunal has re- cently re-launched its website, with a new look and focus on infor- mation availability. The new site is at www.waitangi-tribunal. govt.nz and it will provide updated in- formation on the Tribunal’s activities. The site will contain information on the Waitangi Tribunal, its mem- bers, the status of current inquiries, the Treaty of Waitangi and its prin- ciples and education kits for schools. The new sect...

8. Sandy v Khan LCRO 181 / 2009 (25 December 2009) - Decision on orders [pdf, 112 KB]

   ...order will be made accordingly. Penalty [39] Mr Khan submitted that this was not a case where punitive orders were appropriate. He submitted that he had not preferred his own interest over that of his client but rather foolishly acceded to a request that his firm act for both parties. He suggested that even had independent counsel been obtained for Ms Sandy the outcome would not have been greatly different. [40] Mr Khan notes that the Standards Committee did not see that there h...

9. 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]...

10. 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...