Search Results

1. FQ v RH [2023] NZDT 552 (3 July 2023) [pdf, 95 KB]

   ...excess realised upon sale of the item, as provided for in section 64 of the Act, must be repaid to the “Pledger” (as the person in RH’s position is called). Referee: M Wilson Date: 3 July 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 re...

2. VC v HL & BL [2025] NZDT 32 (7 February 2025) [pdf, 180 KB]

   ...The vendors submitted that there was no agreement to pay the purchaser’s legal fees. However, the normal measure of damages for breach of contract is the amount required to put the innocent party in the same position as if the contract had been performed. The purchaser’s legal expenses were a foreseeable consequence of the vendors’ refusal to sign the main contract, and were incurred for the purpose of getting the vendors to sign, rather than as a cost of these Tribunal proceedings....

3. DT Application for rehearing [pdf, 283 KB]

   DT APPLICATION FOR REHEARING – 10/04/2025 Application for rehearing DISPUTES TRIBUNAL Rule 23, Disputes Tribunal Rules 1989 (Office use only) CIV: When to use this form Use this form to apply for a rehearing of your dispute. An application for rehearing can only be made after a Disputes Tribunal order (or approval of agreed settlement or variation of term of agreed settlement). Please note that the fact you disagree with the Tribunal’s decision is not a valid ground to apply f...

4. LCRO 10/2016 CT v WN (31 October 2018) [pdf, 255 KB]

   ...the critical statements before the Court, impliedly asserting Mr WN had been negligent. Mr WN declined. He also declined to continue acting for Mrs CT because he did not accept her implied allegations of negligence. Summary The Committee formed the view that Mr WN was aware of what was required to support Mrs CT’s claim and that he communicated what was required to her. No such evidence was forthcoming and consequently the claim was struck out. When Mrs CT...

5. IN Ltd v JT [2020] NZDT 1417 (12 August 2020) [pdf, 215 KB]

   ...service to JT with reasonable care and skill as per the Consumer Guarantees Act ('CGA')? 5. The CGA provides statutory guarantees to consumers in relation to services, the relevant guarantee in this case being that the supplier will perform its service with reasonable care and skill. 6. JT contends that she was denied adequate medical care in terms of access to a doctor, that the facilities were sub-standard and that IN Ltd staff breached confidentiality by using her name...

6. EI v MG Ltd [2025] NZDT 4 (14 April 2025) [pdf, 192 KB]

   ...EI’s damage to EI’s tooth. CD states pork crackling is crunchy and can be hard and/or have hard bits of crackling. He states MG also has no evidence as to whether EI’s tooth was already weak or damaged. CD also states he had requested further information about the [rock hard object] but did not receive anything and MG had not received any other complaints or issues. 8. I accept EI’s oral evidence that he was [only] eating the crackling when his tooth broke and that he believes...

7. NQ & SS v QG & Ors [2024] NZDT 83 (9 January 2024) [pdf, 218 KB]

   ...compensation for that act must therefore fail. Was a misrepresentation made about the contribution to fencing? 22. The counterclaim by QG and NC seeks payment of a $1,500.00 contribution to fencing which they say was agreed by SS. NQ and SS offer two forms of defence to this claim: a. first, that if an agreement was made it should not be enforceable because QG and NC misrepresented the reasons they wanted a new fence; b. second, that if an agreement was made it was only ever a c...

8. 210-Application-for-eviction-warrant-v2-2.pdf [pdf, 430 KB]

   MOJ 210 July 24 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 12 When should I use this form? This form lets you apply for a warrant that will enable a bailiff to give possession of residential premises to the person named in a Tenancy Tribunal order. Use this form if the following applies: • you have a Tenancy Tribunal order saying that possession of residential premises is to be returned to you by a specified date but the res...

9. KG & LG v HL [2022] NZDT 11 (28 April 2022) [pdf, 119 KB]

   ...ake trees could be cut to their current height? CI0301_CIV_DCDT_Order Page 2 of 6 6. A contract is a legal agreement between two parties, and the terms of the contract are what each party has agreed to do under the contract. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 7. HL said that he had an agreement wi...

10. [2013] NZEmpC 146 Strawberry Tree Ltd v Tuckett & Parr [pdf, 65 KB]

    ...steps necessary to pursue its claim. No such delays will be tolerated in future. [13] The deadline of Friday 26 July 2013 came and went without any step being taken by Mr Kavanagh. On 29 July 2013, he contacted a staff member of the Authority requesting copies of the statement of problem and the statement in reply. Those were then provided by the Authority to the Court on 31 July 2013. [14] Having regard to the documents now before the Court and the manner in which the matter...