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1. WO v BN and ors [2024] NZDT 433 (13 June 2024) [pdf, 175 KB]

   ...the parts purchased was provided. Further, in the absence of independent mechanical evidence about symptoms, the car may have been “running well” (in lay terms) in spite of a low coolant level/crack in the radiator. 6. Given the specific information gleaned from his own inspection of the car for sale (low coolant level), I cannot find that the more general statement “runs well” induced WO’s entry into the contract to buy the car. Even though he says he asked the buyers abou...

2. RX v KL LCRO 31/2014 [pdf, 137 KB]

   ...Committee at first instance on review. It would be inappropriate for this Office to do so. [35] In the circumstances, there are good reasons to modify the decision by deleting paragraphs [69] to [71] and the subheading “Other Matters”. Request for reimbursement [36] Section 210(2)(a) of the Act provides for a LCRO to order NZLS to pay costs to a lawyer, such as Miss RX, to whom proceedings relate. [37] I have considered Miss RX’s request for reimbursement with that po...

3. IG, JX, KX c/-XG Trust v SI [2018] NZDT 1482 (27 August 2018) [pdf, 151 KB]

   ...finishing so that she could give the subtenants at least a month’s notice. The parties then signed the lease renewal. 14. After the work started, it became clear that it could not be restricted to after-hours, and a rent reduction was agreed. SI informed the trustees that most of the therapists would be moving out for four weeks, and emphasised the importance of renovations being completed before everyone returned, “so we definitely need plenty of notice if the renovations are not co...

4. EN v B Ltd [2022] NZDT 286 (17 March 2022) [pdf, 192 KB]

   ...am satisfied that B Ltd did not carry out its service with reasonable care and skill. It seems to me that the method of how bags are handled for a passenger with an onward flight on an airline with which B Ltd does not have an alliance is basic information that ought to be known to an B Ltd staff person accepting a customer’s bags. That is because it stands to reason there must be numbers of people every day flying with B Ltd intending to catch an international flight with a non-alliance...

5. D Ltd v R Ltd & Ors [2024] NZDT 877 (29 October 2024) [pdf, 215 KB]

   ...stags from D Ltd. D Ltd says that these stags were part of a larger lot which R Ltd contracted to buy, and that the price per stag $4,250 (excluding GST) per animal was contingent on the purchase of all 16 stags. D Ltd says that by failing to perform the contract R Ltd has caused it losses, for which damages of $36,512, compromised to $30,000 to bring it the claim within the jurisdiction of the Tribunal, are sought. 3. R Ltd says that the contract was only to purchase the 5 stags at $...

6. T Ltd v B Ltd [2024] NZDT 831 (22 October 2024) [pdf, 221 KB]

   ...it. This comes to $1,840.00 plus GST of $276.00, for a total of $2,116.00. 24. Therefore, B Ltd is to pay T Ltd $2,116.00 by Friday 15 November 2024. Referee: C Price Date: 22 October 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...

7. S Ltd and SN v CI [2025] NZDT 199 (9 May 2025) [pdf, 148 KB]

   ...ordered amount by the time the rehearing was granted. 5. The issues to be determined are: • Did the contract require CI’s written approval to move onto the next design stage? • Did CI accept the fifth concept design? • Did S Ltd perform the contract with reasonable care and skill and was the product of the service fit for purpose, as per the Consumer Guarantees Act 1993? • What CGA remedy, if any, is available to CI? CI0301_CIV_DCDT_Order Page 2 of 4...

8. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [pdf, 295 KB]

   ...October 2024 Held at: Nelson District Court Appearances: A Brooke for the Appellant J Maslin-Caradus and T Babe for the Accident Compensation Corporation (“the Corporation”) Judgment: 22 October 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 August 2021. The Reviewer dismissed an application for rev...

9. [2007] NZEmpC AC 1/07 McKean v Board of Trustees of Wakaaranga School [pdf, 148 KB]

   ...sick leave by his unilateral reallocation to another class at another level without advice or consultation. Next, Mr McKean says he was dismissed unjustifiably for purported reasons of incapacity that the defendant claimed precluded him from performing his work. [5] Mr McKean claims remedies for all of these personal grievances including compensation under s123(1)(c)(i) of the Employment Relations Act 2000 for humiliation and loss of dignity in the sum of $50,000 for dismissal, s...

10. LCRO 69/2021 ID v KZ and UG (7 September 2023) [pdf, 327 KB]

    ...practitioners make themselves available as costs assessors, their work is voluntary but time-consuming and costs assessments can therefore take considerable time. This was certainly the case in this instance. [28] The costs assessor, a senior practitioner, requested and was provided with Mr ID’s file. He also requested Mr ID’s time records. Mr ID advised that his time records had been destroyed as a result of a change from a manual, hardcopy timesheet system to an electronic syste...