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1. BS v MQ [2023] NZDT 269 (25 May 2023) [pdf, 171 KB]

   ...District Court [2023] NZDT 269 APPLICANT BS RESPONDENT MQ The Tribunal orders: MQ is to pay BS the sum of $120.00 on or before 15 June 2023. Reasons: 1. BS booked two tickets on a fishing charter run by MQ. The information that came with the tickets included a departure time of 9am. In fact, this trip (and all trips MQ runs) departed at 7am. On the morning of the booking MQ phoned BS to ask where they were, and if they were coming. BS was unable to get to

2. OIA-109796.pdf [pdf, 1.3 MB]

   r~, <J:i,i ~ MINISTRY OF ~i.atlf.i\;1 JUSTICE ~if Tiih1i ore 1i,re 7 March 2024 S9(2)(a) S9(2)(a) S9(2)(a) S9(2)(a) Tena koe S9(2)(a) Official Information Act request: Contracts information Justice Cent re I 19 Aitken Street DX SX10088 I Wellington T 04 918 8800 I F 04 918 8820 ContactUs@justice.govt.nz I www.justice.govt.nz Our ref: OIA 109796 Thank you for your email of 17 February 2024, requesting , under the Official Information Act 1982 (the Act), information...

3. S Ltd v E Ltd [2023] NZDT 601 (8 November 2023) [pdf, 141 KB]

   ...application to the tribunal alleging that the contract is with E Ltd, and E Ltd is liable for the outstanding payments. Issues 9. To resolve this application, I need to consider: a. Was E Ltd acting as the customer’s agent when the contract was formed? b. Was E Ltd’s identification of the customer sufficiently clear that E Ltd was outside of the contractual relationship? Agency 10. Agency is the legal concept where a person acts as the representative of another, an...

4. OOJ v QD Inc [2023] NZDT 214 (20 June 2023) [pdf, 173 KB]

   ...BE who apparently introduced himself as the manager of QD Inc. 2. BE entered into a contract with OOJ to run weekly poker nights at QD Inc. OOJ sent a written contract to him which was never signed but which records the details of the agreement formed, including the fees payable to OOJ. BE’s mobile phone and personal email address were recorded on the written document and that is where both the contract and the invoices were sent to. 3. The poker nights were advertised on QD In...

5. H Ltd v TB [2023] NZDT 452 (15 September 2023) [pdf, 174 KB]

   ...2. The buyer now claims $4,900.00, representing the average market value of the car according to a Trade Me valuation less the $1,000.00 refunded. 3. The issues to be determined are: a) Was there a binding contract of sale? b) Did the parties form a binding agreement to settle for a full refund? c) If not, what sum is payable? Was there a binding contract of sale? 4. The seller admitted having “a deal” with the buyer to sell the car for $2,000.00, but submitted that there was...

6. DD v T Ltd [2024] NZDT 318 (15 May 2024) [pdf, 124 KB]

   ...company’s evidence that it had a no refund policy because: it provided evidence of how it notified and published its policy including: i. A4 signage in a stand on the counter where payments are made; and ii. I also accept that DD was given an A4 form to fill in, which had the title XX’s Membership and VIP Terms and Conditions, and that at number 5 of 13 brief terms, it made clear that: “The money deposited in [XX] is not refundable and can only be redeemed with XX’s products”....

7. BB v IU [2024] NZDT 346 (13 May 2024) [pdf, 126 KB]

   ...not collect the dishwasher by 14 June 2024, then IU may dispose of it as she sees fit, including by selling it, and is not liable to account to BB for any proceeds of sale. Reasons: 1. IU advertised a commercial dishwasher for sale on [platform] for $2,000.00. BB offered $1,300.00 for it, and IU accepted that price. BB then paid the full price in instalments over a few weeks. BB then came to collect the dishwasher, but refused to take it because he says it was bigger than he wante...

8. CT & KT v BD [2024] NZDT 478 (12 June 2024) [pdf, 176 KB]

   ...turned up at my home and he advised me what to do.” 5) Following receipt of BD’s communication of 10 June, I further directed: “BD is required to provide the Tribunal with verification as to when, specifically, he was in hospital. This information is required no later than this Friday 14 June.” 6) The Tribunal now has received a discharge document with respect to BD’s stay in hospital last year. This shows that BD was admitted to hospital on 29 September, and discharged...

9. FD v VG LCRO 127 / 2010 (2 September 2011) [pdf, 75 KB]

   ...One was that the Practitioner had not provided financial statements for the year-ended March 2009, or had not done so within an acceptable time-frame. The other was that the Practitioner had not responded adequately and in a timely manner to requests for information from his lawyer. [3] The Standards Committee did not uphold the complaints. The Committee’s decision traversed the background of the matter with reference to the detailed response that had been provided by the Pract...

10. [2018] NZEnvC 118 Hamilton City Council [pdf, 208 KB]

    ...Council and TGH advised: (a) The Council met with TGH, the Goodwins and the Julians in respect of the issue identified by the Court in its interim decision referred to above; (b) The Council and TGH have agreed a proposed wording to reflect the form of the condition set out in paragraph [102] of the interim decision. The proposed wording also includes a mechanism for monitoring the effectiveness of the access controls introduced and requires that, if deemed necessary, those contro...