Search Results

1. KD v Q Ltd [2023] NZDT 617 (3 November 2023) [pdf, 92 KB]

   ...the CGA 1993 meant that this product ought to have lasted for more than five years. I was unable to find a reference to this in the CGA website that KD had referred to. 8. I consider the submission was likely to be an extrapolation from the information provided to the Tribunal by KD from the [cloud storage website] website and from KD’s own experience with hard drives during his 25 years in the IT industry. CI0301_CIV_DCDT_Order Page 2 of 3 9. KD described himself as an IT

2. BQ v ST [2023] NZDT 609 (1 December 2023) [pdf, 177 KB]

   ...sum of $12,900.00. This figure includes interest, and therefore it seems that ST accepts that interest is owed on the loan. 16. The claim is proven. Referee: Nicholas Blake Date: 1 December 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 r...

3. CF Ltd v UD [2023] NZDT 95 (20 March 2023).pdf [pdf, 174 KB]

   ...holds as legally binding against UD? 4. The relevant law is that of contract. 5. A personal guarantee is legally binding. This is where an individual (“the Guarantor”) has agreed to ensure that a person or entity (“the Debtor”) will perform its contractual obligations to a third party (“the Guaranteed Party”) and if the Debtor does not perform its obligations, the Guarantor will step in and perform those obligations. 6. In this matter, UD signed the personal guarante...

4. M Ltd v CQ [2023] NZDT 571 (17 November 2023) [pdf, 90 KB]

   ...which a link is provided on the “Quote” state at clause 3 “You acknowledge that the Estimation is not a binding price for the services and that you will be charged for actual services carried out by us for you”. 5. Any ambiguity in the formation of a contract is interpreted according to the contra proferentem rule which means the preferred meaning should be the one that works against the interests of the party that provided the wording. 6. Even though arguably, one...

5. BN & UN v ON [2023] NZDT 250 (21 June 2023) [pdf, 199 KB]

   ...teleconference, however as ON did not answer calls made to the number provided for him, the hearing proceeded in his absence. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: K. Edwards Date: 21 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 a...

6. UN v HU & KC [2025] NZDT 50 (27 March 2025) [pdf, 170 KB]

   ...10. Therefore, I find that KC must refund the $500 paid to him by HU and make orders as accordingly. CI0301_CIV_DCDT_Order Page 2 of 3 S Malaviya Disputes Tribunal Referee 27 March 2025 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

7. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 KB]

   ...he, Mr AA, and Ms LO understood that Mrs RS’ half share of the sale proceeds of [Street 2] would be “paid as a bequest to [Ms LO] before the rest of [Mrs RS’] estate was distributed”. [12] He alleged Mr SM did not “check … as to the form of registration on the title of… [Street 2]”. He said cl 9.3.4 “had no effect” on Mrs RS’ wishes so he “receiv[ed] nothing from her estate” to repay his “debt to the estate”. [13] Mr AA referred to Mr SM’s acknowledg...

8. NZ forms for trans-Tasman proceedings

   Notice giving prescribed information for defendant served in Australia – TTPRR form 1 Defendant’s application for stay of civil proceeding – TTPRR form 2 Request that New Zealand court determine defendant’s application for stay of civil proceeding with hearing – TTPRR form 3 Request to appear remotely in hearing of defendant’s application for stay of civil proceeding – TTPRR form 4 Affidavit to accompany application for leave to appear remotely in civil proceeding – TTPRR form 5

   Located in:

   1. Courts >
   2. Civil >
   3. Disputes with someone in Australia

9. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...JUDGMENT OF CHIEF JUDGE G L COLGAN A The defendant acted in breach of its s 4 Employment Relations Act 2000 obligations towards the plaintiff. B The defendant did not disadvantage the plaintiff unjustifiably in her employment by giving her a formal employment warning. C The defendant dismissed the plaintiff unjustifiably. D The plaintiff is entitled to compensation for lost remuneration of $78,934. E The plaintiff is entitled to compensation under s 123(1)(c)(i) of the Emp...

10. Maori Trustee v Hanford - Ohiro 19 and 21 Block 10 (Polhill Gully) (2006) 165 Aotea MB 131 (165 AOT 131) [pdf, 2.4 MB]

    ...purpose of collating further information to address issues raised by owners. No adverse criticism or comment was recorded in the minutes of the May hui of either the content or quality of the additional information provided; (m) Mr Hanford, who requested further material at the March meeting, did not attend the May hui. He claimed this was because he thought he would not get a fair hearing and referred to communications with a Mr Buchanan which he said left him with an impression. B...