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  1. QS v SQ [2023] NZDT 56 (21 February 2023) [pdf, 187 KB]

    ...paid refunded by SQ? d) Is QS entitled to be paid $150.00 for shoes and food left behind? CI0301_CIV_DCDT_Order Page 2 of 4 What was QS’s and SQ’s agreement when QS moved into the property? 5. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. A verbal agreement can be a legally enforceable contract. Sometimes terms will be implied in a...

  2. LN v IQ Ltd [2024] NZDT 11 (25 February 2024) [pdf, 189 KB]

    ...that IQ Ltd acts as agent on all matters which enables it to make decisions regarding the tenancy on behalf of LN. Did LN breach of the contract? Organised for four adults and two children to tenant the property 7. The Tenancy Registration Form was filled in by the proposed new tenants. The number of proposed tenants is clearly marked as ‘4 adults and 2 children’. With more analysis, it becomes obvious that the writer of the form has misinterpreted the questions and filled...

  3. ES & TS v HT & KT [2024] NZDT 257 (2 April 2024) [pdf, 188 KB]

    ...must decide are: a. Are ES and TS entitled to claim costs after the settlement? b. Did ES and TS mitigate their loss? c. Is the amount claimed reasonable? Are ES and TS entitled to claim costs after the settlement? 3. A contract is formed when two parties decide to exchange something of value. Contracts for the sale and purchase of property must be in writing and the terms of the written agreement are binding on both parties. In this claim ES and TS rely on Clauses 5.12 an...

  4. S Ltd v M Ltd [2024] NZDT 249 (11 March 2024) [pdf, 182 KB]

    ...cancelling its contract with the respondent? b) Is the applicant entitled to now recover the deposit paid to the respondent? 7) Section 37 of the Act provides that a party to a contract may cancel the contract if there is a breach of a term, performance of which is essential to the contracting party. A deposit is a part payment for something being purchased, and a security for the performance by a purchaser of CI0301_CIV_DCDT_Order Page 2 of 3 the contract. The applicant woul...

  5. KM v IA & KA [2023] NZDT 787 (1 December 2023) [pdf, 184 KB]

    ...personal capacity and the transaction was not related to the restaurant business. Referee: E Paton-Simpson Date: 1 December 2023 1 Torbay Holdings Ltd v Napier [2015] NZHC 2477; BC201563341. 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...

  6. HN & SN v T [2023] NZDT 5 (15 March 2023) [pdf, 214 KB]

    ...entitled to be compensated for? Was TT entitled to cancel the contract to purchase HN and SN’s property at [Property]? 8. TT signed an unconditional written contract to purchase HN and SN’s [Property] and was bound by her obligation to perform her promise to complete the sale. TT did not attend the hearing to advance any evidence why she considered she was entitled to cancel the contract. I accept the evidence of HN and SN that it was for TT to perform her own due diligence t...

  7. E Ltd v FN [2023] NZDT 783 (18 December 2023) [pdf, 192 KB]

    ...arrangements he made with E Ltd. 15. E Ltd is therefore entitled to payment of full amount of the invoice of $1,167.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: S Simmonds Date: 18 December 2023 Page 4 of 4 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 appl...

  8. CU v MQ [2024] NZDT 299 (30 April 2024) [pdf, 179 KB]

    ...[2024] NZDT 299 APPLICANT CU RESPONDENT MQ The Tribunal orders: Claim MQ is to pay CU $115.00 within 28 days. Counterclaim The counterclaim is dismissed. Reasons [1] CU sold a number of items on [platform], and inadvertently provided MQ’s bank account number to buyers. The buyers paid a total of $ 474.50 into MQ’s account. At CU’s request, after learning of the errors, MQ paid $300.00 to CU. CU claims the balance of $174.50, as well as $...

  9. C Ltd v ML [2025] NZDT 79 (5 February 2025) [pdf, 196 KB]

    ...into. 15. C Ltd seeks payment of $7199.00 which includes the original $6965.00 quoted works, with the balance reflecting the filing fee as claimed by the Applicant. ISSUES 16. The issues I need to determine are: a) Was there a contract formed between the parties? b) Whether costs can be claimed by the applicant? Was there a contract formed between the parties? 17. A legally enforceable contract can be made via text messaging, email, orally, or in writing. 18. I...

  10. OIA-123002.pdf [pdf, 824 KB]

    ...Commissioner Justice Centre I 19 Aitken Street I DX SX10125 I Wellington T 04 918 8800 I F 04 918 8820 lsc@justice.govt.nz 11 July 2025 Our ref: OIA123002 Tēnā koe Thank for you for your email of 13 June 2025, in which you requested information regarding legal aid. Specifically, you requested: To help us prepare to make submissions for the legal aid review we would be grateful for as many detailed figures as possible regarding family legal aid. In p...