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1. AJ v IO Ltd & TF Ltd [2021] NZDT 1692 (10 December 2021) [pdf, 126 KB]

   ...of the guarantee of acceptable quality in the Consumer Guarantees Act? b. If yes, is IO Ltd liable for damages, and if so how much, for the following: i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of emotional harm. c. If yes, is TF Ltd liable for damages, and if so how much, for the following: CI0301_CIV_DCDT_Order Page 2 of 5 i. Refund or replacement ii. Consequential financial losses iii. Consequential losses in the form of...

2. BN v T Ltd [2024] NZDT 682 (26 August 2024) [pdf, 260 KB]

   ...22 December 2023 BN incorporated a company, [Company B]. 7. The text messages recommenced on 20 January 2024, as follows (BN is AM and Mr L is RM): 20 January BN to Mr L: Re [Company A] Lease Finalisation for February 2024. Please call for formalise. Thanks. 22 January BN to Mr L: BN, I am on leave at present. I will be in [Town] on Wednesday for a meeting with the directors, I will confirm their acceptance then. 24 January BN to Mr L: Any progress re [Company A] lease ple...

3. QC & U Body Corporate v NS [2024] NZDT 760 (8 December 2024) [pdf, 201 KB]

   ...side by side with no gaps, on the side of the fence facing [Property 2]. The palings will be stepped to follow the slope of the ground, with the fence to have a cut flat top to the degree possible considering the slope, to maintain a reasonably uniform appearance. 3. The parties are to seek an updated quote from F Ltd to complete the fencing work on the basis that: a. U Body Corporate is to promptly speak with F Ltd to vary the scope of work contained in the (as yet unaccepted) qu...

4. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

5. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

   ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...

6. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for such documents as being unduly oppressive. Evidence has been placed b...

7. Noble - Estate of Rameka Korewha Ngamanu [2019] Chief Judge's MB 132 (2019 CJ 132) [pdf, 429 KB]

   ...Ngamanu. [2] The applicant claims that the said orders are incorrect due to a mistake, error or omission in the presentation of the facts of the case to the Court, because a number of beneficiaries to the estate of the deceased signed consent forms under circumstances that had been misrepresented to them by Jack Korewha Senior. The beneficiaries were led to believe that the transfer of shares (by consent) was necessary to progress certain issues before the Māori Land Court for the...

8. LCRO 239/2016 RY v P AN and T AN (25 September 2018) [pdf, 314 KB]

   ...undertaking” provided by the builder’s lawyer, and secondly, “to seek clarification …[which] resulted in [Mr and Mrs AN] being given inaccurate assurances” by Mr RY concerning the deposit paid by them. [17] The Committee declined Mr and Mrs AN’s request for compensation because “there was always going to be an added cost component” to the purchase due to the insolvency of the builder. However, “in recognition of the additional expense and unnecessary stress incurr...

9. OIA-109631.pdf [pdf, 3.4 MB]

   Justice Centre 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 8 April 2024 S9(2)(a) S9(2)(a) Ref: OIA 109631 Official Information Act request: Correspondence relating to section 27 reports. Thank you for your email of 9 February 2024, to the Ministry of Justice (the Ministry) requesting, under the Official Information Ac11982 (the Act), documents regarding section 27 reports. Specifically, you requested...

10. LA - Part 2 Areas of Law Court Appeal and Supreme Court Additional Examples [pdf, 152 KB]

    AreAs of LAw – court of AppeAL And supreme court AppendIX_VersIon 2 Page 1 / 3 additional Case example Form – Court of appeal and Supreme Court You will need to complete this form for each case example you provide (at least 5). If you print and complete please make copies of this case example form as necessary. If you complete the form online, please save each example on your computer and repeat as necessary before printing. This case included: Pre-trial hearings appeal...