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  1. 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...

  2. 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,...

  3. [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....

  4. 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,...

  5. 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...

  6. 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...

  7. 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...

  8. 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

  9. 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...

  10. 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...