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1. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...a consumer under the CGA. Was there a contract between the parties, and if so was it a term of the contract that the work would be carried out in an acceptable and tradesperson-like manner? 8. The Law of Contract provides that a contract is formed when there is offer, acceptance, consideration, and the parties intend to be legally bound. The terms and conditions of a contract should be clear and known to both parties because each parties’ rights and obligations under the contract...

2. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...addition, the consumer may also obtain damages from the supplier (s 32(c)). The Tribunal may award a refund of part, or all of the money paid for the services of the supplier (s 38). The Tribunal shall have regard to the value of any work or services performed by the supplier (s 39). 12. I have already found that DS has not proven that HW failed to provide his services with reasonable care and skill. I have also already accepted that the final delivery of the service was reasonable...

3. E v T [2021] NZDT 1310 (28 January 2021) [pdf, 226 KB]

   ...calculated as follows: Repair costs $13,012.80 Legal costs $ 1,035.00 CI0301_CIV_DCDT_Order Page 5 of 6 $14,047.80 Referee: J Robertshawe Date: 28 January 2021 CI0301_CIV_DCDT_Order Page 6 of 6 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. HH & HT v WT Ltd [2023] NZDT 22 (28 February 2023) [pdf, 197 KB]

   ...the time HH and HT booked their outing. It was not clear whether the “bottomless” refers to food or drinks and could have been misleading. 11. Had HH and HT known the “Bottomless Brunch” only applied to drinks they could have made an informed decision about where they wanted to have brunch. They did not have that opportunity. 12. HH and HT were misled; WT Ltd breached the Fair Trading Act 1986. WT Ltd accepts the information was unclear and advises me it has now amended i...

5. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...c. Is the amount claimed reasonable? Are QX & TX entitled to withhold [Company] monies from KD to offset other alleged liabilities? CI0301_CIV_DCDT_Order Page 2 of 5 4. When two parties exchange something of value a contract is formed. To be bound by a contract, both parties must be certain about the essential terms of the contract. In this situation, the parties agreed and signed a [Contract Agreement] on 20 February 2018. The agreement was to run from 1 June 2018 to 3

6. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE A A COUCH [1] This judgment decides two interlocutory applications made by the defendant. The first is an application for security for costs. The second seeks an order striking out the second amended statement of claim. [2] These applications have been made in the course of proceedings which have been before the Court since 9 July 2012. In the 13 months since they were commenced, the proceedings have involved numerous interlocutory applications...

7. ID v T Ltd [2025] NZDT 186 (26 May 2025) [pdf, 93 KB]

   ...the higher end of what is generally seen in the Tribunal and there is simply insufficient evidence to allow such damages in this case. The email correspondence shows the respondent offered an email address for the applicant to provide the requested information, albeit a few months after purchase and there is no evidence before me the applicant used this email to do so or as stated above that the insurance is in fact not now in place. I am not awarding damages for general stress and inconve...

8. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...January 2020) in the Authority on behalf of Julie Nicholson in respect of three personal grievances. Progress to Health was named as respondent. [4] Progress to Health filed a statement in reply (dated 11 February 2020), which included a counterclaim. The counterclaim alleged that Ms Nicholson had breached the confidentiality clause in her employment agreement and sought penalties against Mr Halse and CultureSafe for aiding, abetting, inciting or instigating that breach pursuan...

9. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...applicant sought a futiher adjournment on the grounds that a case stated for the opinion of the High Comi per section 72 of the Act was being contemplated. A telephone conference was held on 15 June 2005 where counsel for the applicant restated the request for an adjournment without disclosing the basis for the section 72 application to the High Couti. Then on 17 June a final conference was held by telephone where counsel for the applicant formally withdrew the application. Submissi...

10. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

    ...REPRESENTATION: Mr M Ward, agent for plaintiff Ms S Bell for first defendant Ms K Elkin for second defendant Dame Beverley Wakem DNZM, CBE for third defendant DATE OF DECISION: 4 February 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v...