Search Results

1. CH & WZ v W Ltd [2024] NZDT 258 (22 March 2024) [pdf, 189 KB]

   ...$5,000 compensation for time spent disputing this claim. They allege there were privacy breaches and poor service, causing extensive delays in approving covered damage repairs. 26. Mr T disputed that W Ltd would be liable to pay any compensation or form of reparation for the stress and time of the applicants in dealing with the dispute. This is also not a provision under the policy. 27. Whilst I appreciate the applicants have faced delays and frustration during the dispute, I do not fi...

2. Q Ltd v WO [2024] NZDT 221 (26 March 2024) [pdf, 197 KB]

   ...Reasons: 1. At the request of the landlord BN, in June 2021 WO trading as AC engaged Q Ltd (the company) to oversee the interior fit out of its retail unit AC Restaurant, to help the work proceed faster. The construction work itself was performed by the main contractor CD. 2. Q Ltd (the company) claims $29,431.00 for the following 5 unpaid invoices for October 2021 – February 2022: a. October 2021 - $2,423.92 b. November 2021 - $9,740.95 c. December 2021 - $1,987.20 d. J

3. Waikato Bay of Plenty Standards Committee 2 v Mr G [2023] NZLCDT 37 (23 August 2023) [pdf, 100 KB]

   ...Tribunal, the chairperson, the deputy chairperson, the chairperson of a division, or any officer of the Tribunal purporting to act at the direction or with the authority of the Tribunal or any of those persons. (3A) A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting the Tribunal. (4) The Tribunal may— (a) require a copy of anything that is produced to be provided to any person appearing at the hearing; and (b) impose any...

4. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...booked with [website] rather than directly through Q Ltd. I am satisfied that TD and LD are entitled to bring a claim against Q Ltd rather than [website]. This is because [website] is Q Ltd’s booking agent and, under the law of agency, a contract formed between Q Ltd and TD and LD when they made the booking through [website]. Was the booking contract frustrated? 6. If the contract between the parties does not contain a provision about what happens if performance is prevented (c...

5. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...Ltd entered into a contract with HF. H Ltd now brings a claim against HF and OF (the respondents) for $17,391.39 and the respondent counterclaim for $20,000.00. 2. On 3 October 2018 H Ltd and HF entered into a written agreement entitled “Short Form Agreement for Project manager Engagement” (1st agreement). The agreement contained an hourly rate. The scope of the work included providing a price estimate for a reclad of the respondent’s home. 3. A second “Short Form Agreement...

6. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...their terms and conditions and that TQ agreed to those when he parked and left his vehicle in the carpark. However this damage occurred before TQ was able to determine whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B...

7. Osborne v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 195 (27 November 2024) [pdf, 155 KB]

   ...application for review of the Corporation’s earlier decision of 21 December 2021 declining Ms Osborne weekly compensation. 2 [2] On 29 October 2024, Judge Henare issued an Initial Minute which directed that Ms Osborne, by 8 November 2024, formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. [3] On 14 November 2024, Mr Dixon-McIver, for Ms Osborne, accepted responsibility for the delay in submitting Ms Osborne’s app...

8. BV v U Ltd [2024] NZDT 677 (6 September 2024) [pdf, 124 KB]

   ...has anyone who might drive the vehicle had their driving licence suspended or cancelled, or had a special condition added to their licence? [3] The policy was renewed each subsequent year. At the beginning of each renewal period, the same renewal form was provided to BV. He did not alter the form, and the word “no” remained as his answer to the question stated above. On 3 November 2023, BV was involved in a crash while driving the vehicle, which was not economical to repair. He clai...

9. IW v CZ [2024] NZDT 498 (29 May 2024) [pdf, 202 KB]

   ...in touch with her (since her details were not recorded on the TCR). KF confirmed that she did not know CZ prior to this incident and said she had been taking her daughter to sports practice that day and her daughter was wearing a [sports club] uniform. KF was later contacted by members of the club telling her that CZ had provided the photo taken at the scene to the Club’s Facebook page to request assistance with identification of the witness/es and contact details. 17. The above ex...

10. MT v IN [2024] NZDT 507 (25 June 2024) [pdf, 197 KB]

    ...now that the Tribunal has determined the fencing dispute. 6. With respect to the fence and retaining wall situation, it would appear that when MT’s house was built in 2004, the natural slope of the land was altered to construct a building platform for the house and a level concrete path between the new house and IN’s boundary. This was done by cutting into the slope at the boundary by a small amount (under a metre). A proper retaining wall was constructed for a length of a few met...