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1. X Ltd v EK [2024] NZDT 784 (16 September 2024) [pdf, 110 KB]

   ...and overpriced. None of the authors attended and did a site inspection nor spoke with X Ltd. But advised in response to a letter from EK for them to provide guidance if EK’s material was factually correct. Having found contrary to some of that information, I am unable to then rely on the opinions and quotes. 20. EK further advised the time that the builders would take to build the deck is far less than that of which X Ltd have charged. However, whilst that might be the estimate of tim...

2. SI v KB & X Ltd [2024] NZDT 87 (7 February 2024) [pdf, 95 KB]

   ...contract, for which damages may be payable. 6. SI and X Ltd agreed initially that the house was to be cleaned to a standard referred to as an “exit clean”. KB had clarified what this meant in an email to SI, and when SI agreed, the contract was formed. SI later recalled that the pantry and an area under a sink needed particular cleaning and she agreed to pay extra for this work. CI0301_CIV_DCDT_Order Page 2 of 3 7. After the cleaning was meant to be completed, SI noti...

3. BX & MT v MI [2024] NZDT 35 (22 January 2024) [pdf, 201 KB]

   ...included as a chattel. Did the respondent misrepresent the insulation under the floor? 20. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious, as t...

4. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...might later be able to get a visa to live in New Zealand permanently if she had adequate English language skills. [2] The critical point in Mr Jiang’s instructions occurred when Immigration New Zealand responded to Ms Wang’s application and requested additional information. Prior to the end of the time allowed to supply the information Ms Wang gave it to Mr Jiang. However, Immigration New Zealand only received part of the information. The result was that Immigration New Zeal...

5. NT v T Ltd & L Ltd [2023] NZDT 724 (13 December 2023) [pdf, 187 KB]

   ...that one of the possible consequences of not paying for parking was the towing of his vehicle. 9. I accept NT intended to pay but was having difficulty downloading or accessing the app. However, as L Ltd said, it is unable to ascertain that information without some communication from the owner. It said if NT had rung the 0800 number to tell them he was having difficulty, his car could have been placed on the “no-tow” list. NT accepted he had seen the 24 hour phone number to call...

6. M v U [2019] NZDT 1309 (21 August 2019) [pdf, 216 KB]

   ...proceeding on the basis of the notice with half the cost recoverable). 9. I find that Mr M failed to comply with these requirements. Mr M sent a letter to Ms U dated 23 October 2018 about his intentions, but that letter did not contain the information required by s10. The letter failed to note that Mr M intended to switch the posts and rails to Ms U’s side of the fence, does not estimate the cost and does not specify the consequences of not responding. 10. As Mr M did not compl...

7. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...a tortfeasor and therefore there is no liability to make a contribution to other parties. However, if he is found to be liable (which is denied), he seeks a full contribution from the Council as a tortfeasor under section 17(1)(c) of the Law Reform Act 1936 on the ground that he was obliged to cut ventilation slots in the deck at the specific instruction of Mr Merton. CLAIM NO.00823 – WARD DETERMINATION.doc 14 THE DEFENCE FOR THE THIRD RESPONDENT, THE COUNCIL [48] The Co...

8. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

   ...amended statement of claim filed on 24 June 2015 pleaded three variations of an unlawful lockout cause of action. First, the plaintiffs alleged that the defendant’s refusal to engage union members for employment, other than on the defendant’s form of individual employment agreement, constituted an unlawful lockout. The second cause of action was an alternatively particularised allegation of unlawful lockout. The third cause of action was a second alternative particularisation...

9. BQ v BC [2024] NZDT 120 (12 March 2024) [pdf, 211 KB]

   ...that this be paid by BC or that money spent on takeaway food for him was in the nature of a loan. The claim for additional amounts for takeaway food is declined. Referee: DTR Edwards Date: 12 March 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 re...

10. LU v LBI [2024] NZDT 119 (2 April 2024) [pdf, 203 KB]

    ...managing [research], an area of research that LU wanted to pursue. 2. LBI wrote that she was “super keen” to have LU on board for her new venture and had been budgeting for her work in her conversations with [University 2]. LU understood that a formal relationship with [University 2] did not eventuate, however, LBI set up the [Organisation] as a sole trader and LU began working for her on 1 March 2022. 3. LU said she was engaged as a sub-contractor and not an employee. She cho...