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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. HN v CN [2024] NZDT 20 (22 January 2024) [pdf, 203 KB]

   ...was heard today at 11.30 am by teleconference however as CN did not answer calls made to the number provided for her, the hearing proceeded in her absence. Referee: DTR Edwards Date: 22 January 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 reh...

9. [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...

10. 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...