Search Results

1. KT v QN [2022] NZDT 106 (8 September 2022) [pdf, 106 KB]

   ...to him. This is a breach of contract on QN’s part and damages arising from the breach have been claimed by KT. CI0301_CIV_DCDT_Order Page 2 of 3 5. KT is entitled to be put in the position he would have been had the contract been performed by QN. KT has provided evidence proving that to purchase a similar vehicle and the parts, he would have to import parts and pay over $90,000.00 all up. He provided a registered valuation of the same vehicle showing a valuation of $50...

2. EV & XV v DT & KT [2024] NZDT 723 (13 September 2024) [pdf, 115 KB]

   ...served and there is no evidence to support the notice not being served prior to the commencement of work, then I do not need to consider this issue. Referee: Nigel Wolland Date: 13 September 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 r...

3. Q Ltd v KZ [2024] NZDT 297 (22 April 2024) [pdf, 91 KB]

   ...value of the boundary fence. KZ voluntarily made a contribution to the cost of the fence. Accordingly, the counterclaim must also be dismissed. Referee: L. Mueller Date: 22 April 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 rehe...

4. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

   ...4 9. At the end of the auction, and before payment was made, UC was handed an Invoice which listed all the items she had purchased, with individual prices, and showing the total to be paid of $868.83. 10. In this case the auctioneer has performed its part of the contract. The issue is whether the auctioneer has agreed to release UC from her obligation to pay the full price, or whether there has been a discharge by way of accord and satisfaction. 11. I find that the auctioneer h...

5. Proactive release - Interest on Money Claims Regulations 2019 [pdf, 1.1 MB]

   ...interest and when the contract was entered into. Policy 4. The Regulations specify what interest rate should be used to determine pre- judgment interest where a contract was entered into prior to 1 January 2018. 5. Section 24 of the Act is a form of transitional provision and allows for judgments relating to contracts entered into prior to the law coming into effect to award interest in a manner and at a rate approximating the previous law. 6. Immediately prior to the Act coming int...

6. Te Manutukutuku Issue 35 [pdf, 5.7 MB]

   ...recommendations. The report can be obtained from: GP Publications POBox 12052, Wellington Tel: 04-473-7218 Freefax: 0800-804-454 Whiringa -a-rangi/Hakiheo 1995 • • • • • • • • • • • • • • • • Farewell from the former Director Buddy Mikaere T ena koutou. After nearly six years as Director I leave the Tribunal with mixed feelings. It seems to me there is so much more that needs to be done and so much that could be done but those tasks need to n...

7. Statement of Defence [docx, 37 KB]

   ...statement of claim (unless a particular allegation affects another defendant but not you). You must address each allegation with a full and substantial answer, including particulars of time, place, names of persons, and any other details necessary to inform the Court and the other parties of your defence. If you do not deny a particular allegation, it will be treated as being admitted. The statement of defence must be filed in the District Court in which the plaintiff filed their statement of...

8. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

   ...the applicant had booked his flights, there were several instances where the airlines changed flight times and the respondent failed to notify him of significant changes. Instead, these notifications came directly from the airline. b. Incorrect information was given to the applicant by an agent who was no longer working for the respondent, causing confusion and stress. This was especially the case regarding flights that had been booked but not proceeded with as the applicant and his fami...

9. B Ltd v OQ [2024] NZDT 107 (11 January 2024) [pdf, 92 KB]

   ...[11] Thus, although I accept that B Ltd did the work for which it claims, I consider it is not entitled to payment from OQ, and the claim is dismissed. Referee: C Hawes Date: 11 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...

10. MT v EB [2023] NZDT 508 (1 November 2023) [pdf, 239 KB]

    ...“we'll notify you that your bid has been successful, and you should promptly pay the purchase price (plus any agreed shipping) and complete the transaction in the manner specified in the listing”. 10. Parties who use the [online] platform agree as part of their membership to abide by the [online] terms and conditions. I find it is an expressed term of contacts conducted through that platform that the purchaser must pay for the goods before they are delivered. 11. I agree...