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1. EU v G Ltd [2024] NZDT 181 (13 June 2024) [pdf, 102 KB]

   ...upon himself by returning home. Referee: Hannan DTR Date: 13 June 2024 1 Which he did. 2 The applicant admits some roadwork signs, but claims they were not specific to this remedial work. 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 re...

2. TD & LP v KK & F Ltd [2024] NZDT 688 (10 September 2024) [pdf, 131 KB]

   ...or all of his claim for $1,800.00 for lost wages and other expenses? Has there been a breach of contract with regards to repaying the money lent for the purchase of the logs? 8. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A breach occurs when one party does not do something they agreed to do. 9. In this case the parties recorded their contract in a wr...

3. 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...

4. OX v PM Ltd [2020] NZDT 1331 (22 June 2020) [pdf, 498 KB]

   ...tutorial mode. As the flight data from C Limited showed the drone was in GPS mode, and did not record any reference to tutorial mode, I was unable to make a finding the drone crashed as a result of using the wrong mode for RTH and OAS. 9. Also, the information supplied by PM showed that the RTH/OAS functionality is limited, and is not able to detect small obstacles above the drone in some environments. As the drone was under a tree, and rising, at the time of the crash, I consider it...

5. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

   ...applies to sales by private sellers). Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 31. A misrepresentation must be untrue and a statement of past or present fact. SC must show that it is more likely than not that an untrue s...

6. [2011] NZEmpC 73 Snowdon v Radio New Zealand Ltd [pdf, 143 KB]

   ...(vii) RNZ’s counsel stated the following at the hearing on 23 November 2006 (refer to the transcript (Doc 10 and sections H, I, J, K and L): … (b) That Category 4 class documents had been disclosed not once, but many time and in many forms: Mr Quigg: “They wanted the short version they got the short version. They wanted the long version, they got the long version, now they say the long version isn’t in a version that our experts can easily digest” (Doc 10 at p...

7. Howard v Accident Compensation Corporation (Entitlements) [2022] NZACC 152 [pdf, 253 KB]

   ...professional specified by the Corporation, at the Corporation's expense. The reason for this assessment with an Occupational Physician has been provided to you on a number of occasions, in writing. You were provided on several occasions with information on the consequences of not attending and completing this assessment. I therefore regret to advise that we decline to provide entitlements, effective from Friday 26th November 2010. This decision is made in accordance with Sec...

8. M Ltd v DN [2024] NZDT 863 (12 September 2024) [pdf, 92 KB]

   ...interest and $3,450 for debt collection fees. Issues to be determined are: (i) Is DN liable to pay $24,247.43 as claimed? Is DN liable to $24,247.43 as claimed? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. 6. There is no dispute between the parties as to the original cost of the project. However, DN has claimed the work lacked reasonabl...

9. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...[10] That day, the contractor issued a payment claim under the building contract which [Firm B], as successor architect to [Architecture Firm A], had to process within the time frame specified in the building contract. On 7 October 2015, [Firm B] requested information from the contractor to complete a payment schedule. Having obtained input 2 NZIA form: see r 1.3, 1.4 and 19.1; Schedule A1. 3 NZIA form, r 19.1: "Architect means th...

10. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

    ...and AI. NI also acknowledged and I accept that she signed as guarantor and that she would be personally liable under clause 18(1) for any breach causing loss to vendor. What were the terms of the agreement? 8. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at what...