Search Results

1. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   ...offered MC another horse, but did not accept that XJ should not be used on the trek. MC and TC did not want another rider to have to ride XJ. 26. XB and MF submitted that: a. Not all of their horses are profiled on their website. b. The information on the website about the number of riders was out of date. The limitation only applied for a period when an access road was washed out, which meant that all of the equipment had to brought by pack horses accompanying the riders. The r...

2. BR v YD LCRO 64 / 2011 (9 May 2011) [pdf, 105 KB]

   ...instructions from the Applicant) to the vendors’ solicitor, suggesting that the matter could be settled by the vendors purchasing the property back from the Applicant. [11] By this stage, the Applicant had become unhappy with the Respondent’s performance, and approached the various parties directly with a view to settling the matter on the basis that the various parties effected and paid for repairs to the property. Settlement was reached along these lines. [12] The Respond...

3. Zhang v James Cook Hotel Ltd (Strike Out) [2025] NZHRRT 2 [pdf, 247 KB]

   ...government.17 [25] In this case, the Hotel argued that whether the wider view of what amounts to a political opinion (as was espoused in the Croatian Brotherhood case), or the narrower approach (preferred in BHP), is followed, Mr Zhang’s view which forms the basis of his claim, does not constitute a political opinion for the purposes of s 21 of the HRA. 13 BHP New Zealand Steel Limited v O’Dea (1997) 4 HRNZ 456 (HC) (BHP). 14 Croatian Brotherhood Union of Western Australia...

4. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...refund comes to well over the $5,500.00 claimed, but IO cannot recover more than the amount of his claim. I have therefore ordered payment of $5,500.00. Referee: E Paton-Simpson Date: 26 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 reh...

5. E Ltd v DM & KA [2023] NZDT 483 (23 June 2023) [pdf, 145 KB]

   ...can proceed in the Tribunal. Were either or both of the respondents contractually liable to pay E Ltd? 7. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 8. The contract between E Ltd and the finance company was in writing, but the arrangement between E Ltd and the respondents was largely verbal. KA submitted that DM bought her the car...

6. Brown v Otago Polytechnic (Strike-Out Application) [2014] NZHRRT 22 [pdf, 96 KB]

   ...that he (Mr Brown) file with the Tribunal a copy of the complaint lodged with the Human Rights Commission. [10] At the second teleconference convened on 4 July 2013 these issues were addressed. As to the particulars, Mr Brown agreed to provide the requested information. To assist him identify precisely what remained to be provided, Mr Dorking agreed to set out, in simplified format, what Otago Polytechnic still required by way of particulars. As to the content of the complaint filed w...

7. BC v J Ltd & M Insurance [2023] NZDT 513 (30 September 2023) [pdf, 182 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 b. If not, is BC entitled to $6,428.00 as claimed, or to any other sum? Has J Ltd correctly decided that the slipway damage is excluded under BC’s policy? 6. Contract law requires parties to perform the promises they make to each other, unless there is a valid legal reason not to. When questions of contract interpretation arise, a court considers what a reasonable and properly informed bystander would think the parties intended their wor...

8. HI v UD [2023] NZDT 359 (4 April 2023) [pdf, 201 KB]

   ...may have destabilised it. (d) HI provided one page of an EQC report on the slip which noted that the land on which the house sits is “cut and fill” from the construction of the road, and the road above is also on a “cut and fill” platform. The bank is therefore not a natural structure. This factor sets the case apart from the case law cited, as there would be additional considerations about liability for land where a slip has occurred from a man-made bank, rather than a na...

9. ES v LQ & TQ [2023] NZDT 79 (16 March 2023) [pdf, 213 KB]

   ...temporary repair. If so, the extent of the affected cladding and the reasonable cost to repair? 10. The law of contract applies. Parties to a contract are bound by express terms and implied terms. Express terms are those that are stated prior to formation of the contract. Implied terms are those that are obvious and go without saying. 11. I am satisfied that a small part of the cladding had not been properly fixed to the tiny home and required replacing. TQ has taken responsibility...

10. NB v NF Ltd [2022] NZDT 143 (11 August 2022) [pdf, 135 KB]

    ...to might be unfair on one party. 16. This means that NB has not established her claim for a refund of the deposit paid and her claim is dismissed. Referee: R Merrett Date: 11 August 2022 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 rehe...