Search Results

1. TU v EM [2024] NZDT 153 (10 April 2024) [pdf, 103 KB]

   ...4. EM denied the claim saying that the baler was a functioning machine and was sold as a second hand machine. 5. The issues I have to consider are: a. Was there a misrepresentation that induced TU into the contract? b. When was the contract formed? c. Was there a breach of the contract regarding delivery of the baler? d. If there has been a misrepresentation or breach, what is the appropriate remedy? Was there a misrepresentation that induced TU into the contract? 6. Section...

2. GL Ltd v MD [2020] NZDT 1369 (14 October 2020) [pdf, 208 KB]

   ...was made redundant from her part-time job. 2. The contract was on a contingency basis and the terms of engagement provided that, unless the case was completed and lost, a fee would be payable, either a percentage of amounts paid to MD by her former employer or a termination fee in specified circumstances (with amounts prescribed by the contract based on the type of work performed by GL Ltd prior to termination). 3. As MD’s former employer did not agree to voluntary mediation, BC...

3. L Ltd v K Ltd [2024] NZDT 710 (22 August 2024) [pdf, 124 KB]

   ...Ltd then provided an invoice for its full claim. K Ltd paid the lower amount recommended by [Insurance Assessor]. L Ltd promptly responded when it became aware of the payment and asserted that the full amount was payable because a contract had been formed agreeing to the amount. In correspondence between L Ltd’s lawyers and K Ltd, the lawyers asserted that the request by K Ltd for the invoice was an acceptance of the amount offered by L Ltd to settle the claim. K Ltd disagreed and so a c...

4. Judicial-Appointments-Information-Booklet-DCJ-February-2025 [docx, 42 KB]

   ...constitution 3 The role of the judiciary 3 The structure of the courts 3 Appointment processes 5 The appointment process for District Court Judges 5 Criteria for appointment 5 The steps in the process 7 Consultation 7 Information sought 8 The Attorney-General’s Judicial Appointments Unit 8 Introduction This booklet sets out the process for appointing Judges of the District Court. It is intended to provide information and guidance to those intereste...

5. NE & QE v LH [2024] NZDT 759 (7 November 2024) [pdf, 104 KB]

   ...breach of a contract term, or has she misrepresented the condition of the drainage? c. Are NE and QE entitled to $4,753.41 as claimed, or to any other sum? What terms were agreed? CI0301_CIV_DCDT_Order Page 2 of 4 6. A contract is formed when both parties intend to contract on agreed terms and intend those terms to be legally binding. Contract law generally requires parties to a contract to perform the promises they make to each other unless there is a valid legal reaso...

6. DK & EK v S Ltd [2024] NZDT 359 (27 March 2024) [pdf, 194 KB]

   ...claim that their contract did not include a term limiting the liability. 21. That is because the terms of a contract are set at the beginning of the contract and cannot be introduced part way through the transaction. In my view the contract was formed at the point S Ltd accepted DK and EK’s request to come and inspect the property. 22. Given DK and EK only received the term limiting liability after this (ie once they received the report) it did not form part of their contractual a...

7. IPT-Application-pack-2024 [docx, 50 KB]

   ...Notes for Applicants If you wish to proceed with an application please return: · your completed expression of interest · your completed statutory declaration · a full curriculum vitae Under the terms of the Privacy Act 2020, we are required to inform you that: · The information you provide is being collected to assess your suitability for appointment to the Immigration and Protection Tribunal; · The information may be checked by reference to the referees you have named in your curricu...

8. AI v HC [2024] NZDT 875 (16 December 2024) [pdf, 139 KB]

   ...fully insured with X Ltd, and immediately acknowledged reversing into Mr O’s car, there is no obvious reason why he would not have acknowledged hitting AI’s car if he had done so. 8. Given AI’s absence from the hearing, the written claim form and emails from him to Y Ltd in response to questions, are the only direct evidence from him. His description of the accident on the claim form is as follows: “I was parked in front my house and my mother-in-law was looking at the guy r...

9. AU & M Ltd v KT & X Ltd [2024] NZDT 871 (6 December 2024) [pdf, 112 KB]

   ...deal. 2. KT of X Ltd saw the [online] advertisement and expressed interest initially, then, at a later date, enquired under an updated advertisement as to whether the opportunity was still available. 3. The parties entered into a somewhat informal but written agreement for X Ltd to purchase the specified fit-out items and stock and to take over leases from a third party for an ordering kiosk, Eftpos, iPad, printer and cash drawer. The price agreed was $27,000.00 without use of the ca...

10. DH v H Ltd [2025] NZDT 80 (17 February 2025) [pdf, 198 KB]

    ...company G Ltd) it was between $44-48,000.00. DH and NC met to discuss the concept drawings and potential changes, and from there the relationship broke down to where both parties no longer wanted to continue with it. 3. The parties presented information and evidence to the Tribunal regarding the claim. I would like to reassure the parties that I have considered all information and evidence presented when reaching my decision. However, I note that this order refers only to essential ma...