Search Results

1. MD v O Ltd [2021] NZDT 1347 (27 January 2021) [pdf, 197 KB]

   ...liable to the contracting party (s 256, CCLA). The contracting party is (relevantly) the consignor (sender of the goods) who enters a contract with the carrier (s 246, CCLA). 10. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at...

2. LQ & SC Ltd v DD [2021] NZDT 1344 (31 March 2021) [pdf, 214 KB]

   ...and compensation and if so, how much. CI0301_CIV_DCDT_Order Page 2 of 4 Has there been a misrepresentation? 8. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract was formed, upon which the purchaser relies, that proves to be wrong. If there has been a misrepresentation, the purchaser is entitled to a remedy, even if the misrepresentation was made innocently and not deliberately. 9. The onus lies with an...

3. CU v KI Ltd [2022] NZDT 19 (23 February 2022) [pdf, 201 KB]

   ...element of goodwill compensation provided. 17. In the absence of any proven breach by KI Ltd of its legal obligations, the claim must be dismissed. Referee: E Paton-Simpson Date: 23 February 2022 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. QD & XD v QN [2021] NZDT 1683 (10 December 2021) [pdf, 181 KB]

   ...bargain, intended to show the payer’s sincerity and intention to complete the purchase. In many contexts, such as that of a conditional contract, it is understood that a deposit will be refunded if the contract is not completed, and it is intended to form part of the purchase price when the contract is fulfilled. However, the fact that a payment is called a “deposit” does not meant that it is automatically refundable if the contract is not completed. Generally, if the buyer is in bre...

5. HO & KT v QN Ltd [2021] NZDT 1708 (21 December 2021) [pdf, 106 KB]

   ...was evicted on 15 July 2021. 5. HO and KT contend that QN Ltd breached its contractual obligations to them by failing to follow up properly with the tenant, failing to ensure the tenant had received the notice and failing to keep them properly informed about the lack of response from the tenant upon attempts at contact. 6. They claim $23,355.50, being $14,325.75 late settlement penalty paid to their purchaser, Council rates of $269.12, loan repayment from 4 June to 23 July of $207...

6. Family-Court-Associates-position-description-and-appointments-information [pdf, 615 KB]

   .................................................................................................................... 8 3 Family Court Associate Appointments - as at 7 June 2023 Introduction This document sets out the process for appointing a Family Court Associate to the Family Court. It is intended to provide information and guidance to those interested in seeking appointment to the role. This document also explains the role of a Family Court Associate, including term of office,...

7. [2024] NZEmpC 102 C v P [pdf, 195 KB]

   ...that person’s search for meaningful employment. [22] In these circumstances, I direct that the previous judgments of the Court which identified the parties are not to be re-published by the Court online. If, however, any person reasonably requests a copy of the previously published judgments, they are to be made available in anonymised form. [23] I direct that the employee may provide copies of the previously published judgments to any person if the employee elects to do so....

8. FCA Judicial appointment information booklet [pdf, 615 KB]

   .................................................................................................................... 8 3 Family Court Associate Appointments - as at 7 June 2023 Introduction This document sets out the process for appointing a Family Court Associate to the Family Court. It is intended to provide information and guidance to those interested in seeking appointment to the role. This document also explains the role of a Family Court Associate, including term of office,...

9. QD v KI [2024] NZDT 147 (17 April 2024) [pdf, 129 KB]

   ...agreement? c. Is QD entitled to $19,767.10 plus damages as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 4 What was agreed about the sale of the motorhome and the loan? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

10. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

    ...headstone for her mother. She began making payments towards the second headstone, which was fully paid by 2022. 7. In December 2021, ON Ltd sold the business to SCX, STX’s niece. SCX operated the business as a sole trader. 8. DX was informed of the change of ownership, and she dealt with SCX after December 2021. 9. DX made several requests to view the completed headstones but was not given that opportunity. 10. DX did not see the headstones until 3 June 2023, the day bef...