Search Results

1. OQ v N Ltd [2023] NZDT 660 (24 November 2023) [pdf, 199 KB]

   ...[car] in for repairs in January 2022. N Ltd initially advised her that a new timing chain kit was required. After further inquiries, N Ltd advised her that she needed a new motor. 6. OQ had mechanical breakdown cover up to $5,000.00. She informed N Ltd that she could not afford a new engine, so N Ltd endeavoured to locate a secondhand one through [second hand parts dealer]. N Ltd was unable to do so, and in April OQ’s partner advised N Ltd that he had searched online and fou...

2. Alves v Accident Compensation Corporation (Claims Process) [2023 NZACC 197] [pdf, 162 KB]

   ...Reviewer dismissed an application for review on the basis of lack of jurisdiction, in relation to the Corporation’s email of 16 January 2023. Background [2] On 22 February 2019, Mr Alves saw his GP, Dr Sonia Sparrow, who lodged an ACC claim form for an injury to his right elbow/forearm. Cover was subsequently accepted by the Corporation. 2 [3] On 17 September 2019, Mr Alves hurt his right shoulder moving a heavy desk at home. On 9 December 2019, the Corporation accepted...

3. Easthope v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 001 [pdf, 204 KB]

   ...included the following: That Mr Easthope only had cover for a left shoulder dislocation in respect of the 1986 accident. Mr Rei suggested that if Mr Easthope wished to obtain cover for additional injuries, he discuss this with his GP who could lodge a formal request for any additional injury diagnosis. That the requests for a traction machine and mattress had been made under a separate claim and had already been determined by the Corporation. Mr Easthope needed to complete a form...

4. C Ltd v TI [2023] NZDT 202 (27 April 2023) [pdf, 118 KB]

   ...have thought Large Peony (or any large check fabric) was wanted by TI. She was consistent in her wish for a small check fabric, the same as her existing fabric. 12. After review of all of the email evidence, I am of the view that the contract was formed and TI’s order was placed via the email communications and that it was not unreasonable given that she had communicated her wish that a small check fabric be ordered, that she simply paid the invoice when it arrived, after she had pla...

5. EN v KH [2022] NZDT 182 (23 September 2022) [pdf, 110 KB]

   ...alternative $2,528.31 or $4,999.00 from Ms KH. This is on the basis of half (or most) of the $5,056.62 costs incurred in 2021 and 2022 for surveying, plumbing and engineering design work. 3. Mr EN said this work was necessary as the DCC had informed him that an existing, unconsented portion of driveway would be removed unless the proposed driveway was progressed. Mr EN said that he and Ms KH had an agreement based on the lodging of the resource consent and Ms KH did not inform him...

6. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...website was also updated to remove that requirement. 14. HT said he had seen on-line months before booking that there would be pre-departure testing for Covid. I accept that HT read this on the IF Ltd website. But there is no evidence that it formed part of the contract between him and IF Ltd at the time he booked his cruise, because he has been unable to provide any evidence that it was still on the IF Ltd website at the time of his booking. 15. HT cannot rely on something he r...

7. KD v M Ltd [2024] NZDT 363 (11 June 2024) [pdf, 196 KB]

   ...conducts a business selling both new and pre-loved bridal dresses through “popup” events. Prospective buyers register for the events booking one hour fitting appointments paying $65 for an hour. They are required to fill in on line a Preparation Form providing personal details and acknowledging they must “choose your dress carefully as we do not issue refunds or exchanges if you have changed your mind/gained or lost weight.” 2. KD purchased a dress at a popup event held in [Ci...

8. Maruera v Te Ohu Kaimoana Trustee Ltd - Ngāti Maru (Taranaki) Fisheries Trust (2015) 335 Aotea MB 47 (335 AOT 47) [pdf, 271 KB]

   ...noted that the Deputy Registrar of the Court had requested that a formal memorandum or application be filed seeking recusal however at the date of the direction nothing had been filed. I note that Mr Whareaitu has now filed a written submission requesting I recuse myself from these proceedings. Issues [3] The issue for determination is whether or not I should recuse myself. Applicant’s submissions [4] Mr Maruera submits that I will not be able to look at this matter f...

9. Krishna Jewellers NZ Limited 20 April 2014 NZSHD 7 [pdf, 50 KB]

   ...Provisions of the Act [10] Part 3 of the Act (Subparts 1 and 2) spells out the obligations for licensed secondhand dealers under the Act. [11] Licence holders are required to display their licences, keep proper employee records and comply with certain requests from the Police. They have obligations to report and hold stolen goods, keep proper dealers records, verify the identity of sellers, label articles and retain articles in an unaltered state for a period of 14 days from the date o...

10. LCRO 8/2014 HTO v AG [pdf, 216 KB]

    ...any unfortunate misunderstanding if HTO had taken the fax as a threat, expressed the hope resolution of the matter could be achieved “amicably through clearer communication and cooperation”, and invited further discussion. [12] HTO replied requesting payment of $3,920 by 13 February 2012. Mr AG did not pay. Complaint [13] In July 2013, Ms J laid a complaint on behalf of HTO alleging Mr AG had contravened r 2.7 of the Rules by making a threat for an improper purpose. In he...