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1. QE & TE v G Ltd [2024] NZDT 878 (29 August 2024) [pdf, 200 KB]

   ...that principle only applies between the exact same parties. As G Ltd was not a party to the District Court proceedings this rule does not prevent QE and TE from bringing this claim before the Tribunal. 8. QE and TE say that section 17 of the Law Reform Act 1936 means they are entitled to claim against G Ltd as the section allows a person to bring a claim against a second joint tortfeasor even if the person has secured judgment against the first joint tortfeasor (section 17(1)). Section...

2. Greer v Corrections (Costs) [2022] NZHRRT 44 [pdf, 455 KB]

   ...steps to prosecute the claim resulted in significant time being wasted by the defendant and the Tribunal. [5.4] By contrast the defendant engaged constructively with the case, spending significant resources to recreate a response to a Privacy Act request from 20 October 2014 to provide Mr Greer with a factual foundation to ventilate his concerns. DISCUSSION [6] Following the Tribunal decision in Andrews v Commissioner of Police (Costs) [2014] NZHRRT 31 which was upheld by the High...

3. DT v X Ltd [2023] NZDT 330 (31 July 2023) [pdf, 129 KB]

   ...so the claim must be dismissed. Referee: L Trevelyan Date: 31 July 2023 1 GPE Holdings Ltd v Tile ‘N’ Style [2014] NZHC 802. 2 Minister of Education v Carter Holt Harvey Ltd [2014]NZHC 681. 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 re...

4. SO v C Ltd [2024] NZDT 450 (20 May 2024) [pdf, 174 KB]

   ...full refund under CGA s 23 without any deduction for the period of use. The payments made totalled $2,100.00, so this sum must be refunded by the supplier. Referee: E Paton-Simpson Date: 20 May 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 for a r...

5. Katu v Peni - Tiroa E and Te Hape B (2015) 105 Waikato Maniapoto MB 157 (105 WMN 157) [pdf, 405 KB]

   ...10 Clarke v Karaitiana [2011] NZCA 154 at [36]. 11 Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) at [24]. 105 Waikato Maniapoto MB 165 Should the Court make the directions as sought by Mr Thackray? [23] Mr Thackray requests that the Court make a recommendation that Mr Katu and Ms Leevey (both now former trustees) be removed as trustees and prevented from being appointed to other trusts until they are fully aware of their trustee responsibilities and obl...

6. OL v CD Ltd [2023] NZDT 711 (19 December 2023) [pdf, 230 KB]

   ...refund on the third scooter. Given the de minus amount, and the absence of any independent evidence, I make no finding on this part of the application. Referee: Hannan DTR 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 r...

7. DU v BT [2024] NZDT 764 (17 September 2024) [pdf, 192 KB]

   ...the joint account was closed, payments went to BT’s account. He claims reimbursement of $5,381.20. BT says the payments stopped in 2023. 17. There are several reasons why the claim is declined. First, it appears there may have been an informal offset against school fees (also covered by the 2014 agreement). Secondly, there are circumstances where the duty to mitigate loss can apply to the recovery of a debt (for example, in the residential tenancy context Huang v Ashworth [2...

8. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...dangerously, configured). CI0301_CIV_DCDT_Order Page 2 of 4 5. I Ltd have not disputed that the set-up of the generator supplied was inappropriate for its purpose, rather they argue that their terms and conditions exclude any liability. On the information supplied to me, I find that the supply by I Ltd was not carried out with reasonable care and skill and/or was negligent, because while a configuration with no neutral connected is necessary for some uses, it should not have 5-pi...

9. SB v QD [2024] NZDT 91 (26 February 2024) [pdf, 95 KB]

   ...[Town] known as the [Gallery]. QD is an artist in the area who on occasion has placed items with the gallery for sale. QD also worked sometimes as a volunteer. QD’s painting [The painting]” was exhibited in the gallery. QD withdrew the painting form the gallery and took steps to sell it. SB became aware that the painting had been sold. He claimed that sales of QD’s work attracted a commission to him of one third of the sale price. The painting had been at his gallery for sale...

10. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [pdf, 152 KB]

    ...dated 31 August 2018. The Tribunal found in that decision that Mr Denekamp had breached professional obligations. [2] The facts relating to the complaint, as found by the Tribunal, are in outline: [2.1] Mr Denekamp received a completed application form for a student visa. [2.2] He had no personal contact with the complainant, accordingly: [2.2.1] He never interviewed the complainant to understand his immigration options. [2.2.2] He did not enter into a written agreement with th...