Search Results

1. BL & TL v N Ltd [2024] NZDT 61 (5 February 2024) [pdf, 113 KB]

   ...also, potentially, remedial costs associated with the retaining wall, which has been built higher in places than the building-consent-exempt height of 1 metre, but as the extent, nature, and cost of remedial works is not yet known, that issue does not form part of this claim. 6. N Ltd counter-claims $12,796.00, being the outstanding invoiced amounts for work completed. I note that Mr O for N Ltd attended the first hearing before me, but did not attend the second hearing in January 2024...

2. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

   ...to be resolved are: a. Is TX in breach of the agreement for sale and purchase? b. Are NK and CW entitled to $2,070.00 as claimed, or to any other sum? Is TX in breach of the Agreement? 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 at

3. ND v EI and others [2023] NZDT 241 (11 April 2023) [pdf, 200 KB]

   ...Has there been a breach of clause 7.3(1) of the agreement regarding: i. the oven; and ii. the heated towel rail? c. Is ND entitled to $1,225.00 as claimed, or to any other sum? What terms were agreed? 7. Under contract law, a 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 at w...

4. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...contract must exist. These elements are offer, acceptance, consideration (an exchange of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. A contract can be formed without it being formalised in writing. All that is required is that the elements of a simple contract exist. 7. I find that the parties had entered into a contract. This is for the following reasons: a. I find that the email from...

5. DT & Ors v MU [2025] NZDT 24 (17 January 2025) [pdf, 182 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [the horse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [the horse] appears to have had a latent condition that only became evident after the sale. The ve...

6. Recording Industry Association of New Zealand v CAL012-E000609 [2013] NZCOP 5 [pdf, 61 KB]

   ...in the circumstances, it was confining its application to an order for payment under regs. 12(2)(a)-(c) of the Regulations, and was waiving its request for an additional deterrent sum to be awarded pursuant to r.12(2)(d). [11] Neither party has requested a hearing, and the Tribunal does not consider it necessary to convene one. Accordingly, this matter is determined on the papers in accordance with s.122L of the Act. Infringement [12] The Act creates a presumption that each inciden...

7. Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (2017) 178 Waiariki MB 24 (178 WAR 24) [pdf, 283 KB]

   ...parties had filed a joint memorandum of counsel advising that they considered it was unnecessary for the application to proceed to a hearing, and the application could be dismissed with no order as to costs. At the hearing however, Mr Dennett requested that the application not be dismissed and the issue of costs be considered. Judge Savage noted that the records sought were now to hand and reserved the issue of costs. He directed the trustees to file submissions as to costs within...

8. E5 Gordon Moller - Architect - EIC - Applicant [PDF, 1 MB]

   ...philosophy for the proposed syndicate bases is based on a maritime village environment, respecting and reusing key elements of the existing waterfront infrastructure, and developing a coordinated and coherent approach to a collection of building forms, materiality, texture, colour and lighting. The six new temporary base buildings comprise five located on Wynyard Point and one on an extended Hobson Wharf structure. 6. VIADUCT EVENTS CENTRE The key architectural ‘Parti’ (or i...

9. Marshall v IDEA Services Ltd (Strike-Out Application) [2019] NZHRRT 21 [pdf, 262 KB]

   ...Human Rights Review Tribunal Complainant Glenn, Fran, Eamon Marshall (Our Ref: C/28032) Respondent IDEA Services Limited (“IDEA Services”) Matters investigated Whether IDEA Services responded appropriately to the Marshall's 15 May 2016 request for personal information (concerning his family and son). Whether IDEA Services took reasonable steps to check information was accurate, complete, relevant, up to date and not misleading before producing a report for the Ministry of...

10. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

    ...in the rarest of circumstances, as set out in the section. I do not consider any of these exceptions apply in this case, and therefore I am unable to award XQ costs. Referee: M Wilson Date: 8 February 2022 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 apply for a re...