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1. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...jurisdiction: … (d) To hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Maori freehold land: … [33] The proceedings in this case are based upon a mortgage. A mortgage is a form of real security. If a borrower becomes insolvent the lender may exercise his or her rights over the property secured. A mortgage is a class of real security granted in the form of a contract. 4 Thus the proceedings are clearly founded...

2. Schimanski - Succession to Tamati Hapimana [2022] Chief Judges MB 489 (2022 CJ 489).pdf [pdf, 798 KB]

   ...General land is ‘Umuhapuku 2D1 Block’ (LINZ Identifier NA20B/177) which is solely owned by Rowena Cook-Causer. For the record, this application has no effect on the current status or ownership of Umuhapuku 2D1 Block. Court Research / Land Information New Zealand Research – Whenua 17. Research has identified the history and current status of the blocks set out at paragraph [9] of this Report as follows: a) Utakura 2B1D8A Block On 30 September 1966 (4 Kaikohe MB 216...

3. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

   ...he elected to go to the office. 5 There was a concern by Mr Putaanga that the delay was more like 20 minutes, but contemporaneous documents record it as being one minute. Mr Putaanga’s concern has been exacerbated by the fact that despite requests, he has never been provided with a copy of the CCTV footage of the accident that the company relies on. It appears this is no longer available, which is unfortunate. [17] During that meeting, Mr Putaanga gave his recollection...

4. ML v OJ Ltd [2022] NZDT 39 (8 February 2022) [pdf, 177 KB]

   ...of the classes were not delivered while others were moved online. ML was happy to pay for the online classes, including some that her daughter did not attend, but sought a refund for the classes that were not delivered. OJ Ltd asked ML to sign a form on the back of the enrolment form before it would “process” her request for a refund. ML refused to sign the form, which contained terms regarding accepting a credit. OJ Ltd maintains that she is only entitled to a credit rather than a...

5. ZC v NU Ltd [2018] NZDT 1481 (2 August 2018) [pdf, 195 KB]

   ...consumer, there is a guarantee that the service will be carried out with reasonable care and skill. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 5. Provision of a tailoring service first involves ascertaining what the cust...

6. Alchin and Scott TRI-2020-100-001 Procedural Order 9 [pdf, 102 KB]

   ...of the claimants on 4 February 2022. On 17 February 2022, counsel for the parties filed a joint memorandum seeking an extension to the timetable for submissions regarding consequential losses. [2] On Friday 18 February 2022, I granted their request for an extension. [3] On 22 February 2022, counsel for the claimants filed a memorandum, dated 19 February 2022, requesting that the determination dated 4 February 2022 be recalled and amended to adjust the quantum of the remed...

7. HT v SE [2020] NZDT 1397 (15 May 2020) [pdf, 189 KB]

   ...paid, being $2800.00, and also any loss that was reasonably foreseeable as liable to result from the failure of guarantee. The repair cost for the starter issue falls into that category (although also arose from the contract, because HT said they formed an agreement before the sale that he would be reimbursed for the starter repair) so SE is also liable to pay $220.00 for the starter repair. 10. HT’s claim is therefore awarded in full. Referee: Johanna Perfect Date:...

8. TC v NU [2023] NZDT 707 (19 December 2023) [pdf, 194 KB]

   ...[13] I have not allowed the cost of the Disputes Tribunal filing fee. The Tribunal’s very limited jurisdiction to award costs does not include that fee. Referee: C Hawes Date: 19 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 rehe...

9. IG Ltd v IX Ltd [2023] NZDT 390 (29 August 2023) [pdf, 94 KB]

   ...November 2022. 8) It follows that the respondent, will, with respect to the 2 invoices in question, need to pursue remedies against DX. Referee: G.P.Rossiter Date: 29 August 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...

10. GD v T Ltd [2024] NZDT 351 (22 April 2024) [pdf, 202 KB]

    ...I find that T Ltd was not entitled under the terms and conditions of the contract to retain any of the deposit, and so T Ltd is liable to repay GD the $920.00 it has retained. 4. The law that applies is the law of contract. There was a contract formed when GD accepted T Ltd’s estimate to paint the outside of her rental property. The terms and conditions of the contract are set out in the written estimate that T Ltd provided in April 2023. 5. There is a clause entitled “Deposit R...