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1. 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...

2. Tenancy Tribunal Annual Report 2024 [pdf, 1 MB]

   ...Tribunal). Openness is essential to justice and this report is intended to assist the public and users of the Tribunal in understanding who we are, what we do, how we operate, the pace at which we work, the context in which we function, and how our performance in 2024 compares with previous years. 2024 was a busy year for the Tribunal. Application numbers have continued to increase, the cases we hear are becoming increasingly complex and recent law changes have altered the legal lan...

3. Pio v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 142 [pdf, 303 KB]

   ...pain in the left hand, except for that finger. The pain was described as a throbbing dull ache that woke him at night. An orthopaedic referral was arranged. [30] On 3 January 2019, Mr Jeffrey Holman, orthopaedic surgeon, reviewed Mr Pio and requested that nerve conduction studies be carried out. On 20 March 2019, the neurology department at Wellington Hospital wrote that it was unable to accept Accident Compensation referrals due to waiting pressure for nerve conduction studies....

4. 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...

5. JY v B Ltd [2023] NZDT 64 (17 July 2023) [pdf, 189 KB]

   ...care and skill, its employees tried to explain to the applicant that the vehicle had failed the warrant and identified the two areas that required attention, the power steering belt and the brakes. The 1 The applicant claims he was given contrary information about why the belt failed. He found this misleading. CI0301_CIV_DCDT_Order Page 2 of 4 respondent submits that it only contracted to provide an inspection service to identify non-compliance with the legislation and never agree...

6. HG & IU v AA [2023] NZDT 790 (23 December 2023) [pdf, 92 KB]

   ...payment for the service they provided to AA. 2. HG and IU claim the sum of $3,500.00 for their services. The issue to be determined is whether HG and IU are entitled to any further amount of money for their services. 3. For a contract to be formed between two parties there must be an intention to create legal relations, they must intend to create a legally binding, enforceable arrangement. The terms of the contract must also be sufficiently clear and certain. 4. The parties...

7. [2021] NZACC 176 - Renton v ACC (5 November 2021) [pdf, 728 KB]

   ...JUDGMENT OF JUDGE C J McGUIRE [Abuse of Process; Res Judicata; Issue Estoppel] ____________________________________________________________________ [1] This is an appeal against a decision of the respondent dated 15 June 2018. In rejecting a claim for bilateral optic nerve atrophy secondary to elevated intracranial pressure, ACC’s decision of 15 June 2018 said: We’ve already considered a previous claim you made for the same injury, which we’ve already declined. [2] The...

8. CJARS - claim form [pdf, 322 KB]

   For more information visit www.justice.govt.nz/tribunals Criminal Justice Assistance Reimbursement Scheme Z Page 1 For more information visit www.justice.govt.nz/tribunals CJARS 06/09 - 1 Claim Form What is this form for? Use this ‘Claim Form’ if you are: • A witness or you assisted in the administration of justice. For example: • You reported a crime or gave information to the police in a criminal case that is punishable by imprisonment; and • you suf...

9. Abraham v Auckland City Council [pdf, 111 KB]

   ...attend the hearing. [7] On the morning of the hearing the WHRS claims advisor received an email from the Second Respondent Mr Hinton indicating that he could not get to Auckland that day as he was “unwell with the flu”. He did not formally request an adjournment. After some discussion I decided to proceed with the hearing in his absence on the basis that, while he had not provided a formal response as requested, I knew the thrust of his response to the claim because it was (...

10. PR1 Affidavit of assets and liabilities [pdf, 141 KB]

    1  r 398(1), (2) Form P(R) 1 Affidavit of assets and liabilities Property (Relationships) Act 1976   In the Family Court at ………………………………………………. FAM No: ………………………………………………. ………………………………………………………………………………………………………. [full name] …………………………………………………………………………...