Search Results

1. KL & KC v EJ Ltd [2022] NZDT 269 (20 December 2022) [pdf, 206 KB]

   ...Tribunal Act 1988 only allows for a party to claim a refund of these costs in certain limited circumstances, none of which apply in these circumstances. Referee: K Armstrong Date: 20 December 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 re...

2. TQ v PU [2024] NZDT 266 (30 April 2024) [pdf, 194 KB]

   ...Findings 7. In his submissions TQ referred to the law relating to misrepresentation, and to the Fair Trading Act 1986. 8. TQ feels that he has been treated unfairly by PU, and he maintains that PU lied to him about the reasons for informing him that the venue was no longer available. 9. Respectfully, I do not agree that the law of misrepresentation or the Fair Trading Act 1986 are relevant to this claim. CI0301_CIV_DCDT_Order Page 2 of 4 10. TQ’s claim must be b

3. NF v EN [2024] NZDT 165 (26 February 2024) [pdf, 186 KB]

   ...nuisance or an annoyance to EN in breach of clause 7 of the lease. 13. NF accepted she had parked on the common driveway blocking EN’s entrance to her driveway. She said she did that on the day that EN first put pots on her paving stones, which form part of the area of exclusive use around EN’s flat. She said she did not threaten her but asked her to move the pots so that she could reverse into her garage. 14. NF said she now understood the planter boxes to be on the area of ex...

4. MU v QT Ltd [2024] NZDT 210 (4 March 2024) [pdf, 104 KB]

   ...in MU’s submissions, serves as a warning that any vehicles parked on the premises without authority will be issued a breach notice and will be liable to pay an infringement fee. There is no offer of parking services, and the elements required to form a contract are not met. 8. I note that MU’s submissions reference the Disputes Tribunal decision of OX v QT2 which is published on the Ministry of Justice website as a ‘Decision of Interest’. This decision is one of my decisions....

5. DQ Ltd v L Ltd [2024] NZDT 217 (5 March 2024) [pdf, 97 KB]

   ...insurers. Although the name of the insurer was disclosed within that document, L Ltd did not simply notify the Tribunal who the Insurer was as requested. The Registry should not be expected to review all correspondence received by a party to find information. As a consequence of the information not being given within the timeframe and L Ltd not simply informing the Tribunal of who the Insurer’s were and their contact address, It does not appear that L Ltd’s insurers J Ltd have been giv...

6. HC v HT [2024] NZDT 223 (21 March 2024) [pdf, 177 KB]

   ...(DTA) enables the Tribunal to rely on the available evidence. Is HC entitled to the sum claimed? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing – an agreement can be formed verbally or inferred from the parties conduct. 6. HT acknowledged and I accept that $10,000.00 was a loan given to him by HC to help him by his house. However, his position is that he was not required to repay the amount because:...

7. EOI-Legal-Aid-Provider-Selection-Committee-Nov-2023.pdf [pdf, 126 KB]

   PA G E 1E O I : M E M B E R O F A L E G A L A I D P R O V I D E R S E L E C T I O N C O M M I T T E E — V 1 , N O V E M B E R 2 0 2 3 Expression of interest to be appointed as a member of a Legal Aid Provider Selection Committee Form information Section 78 of the Legal Services Act 2011 authorises the Secretary for Justice to establish Selection Committees to assess and provide advice on applications for approval to provide legal aid services or specified legal services. For...

8. KL v SH [2023] NZDT 367 (14 June 2023) [pdf, 181 KB]

   ...sale. SH breached that term by taking several months to discharge the security interest. 11. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. When a party is claiming consequential losses those losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result from the breach. 12. KL claims a total of $1,000.00 for stress and inconvenie...

9. Expression-of-Interest-High-Court-Judge-2024 [pdf, 328 KB]

   ...out in the Attorney-General’s published protocol, appointments are made considering personal and legal skills and experience, along with their character, and their experience and understanding of the communities they will serve as judges. This form provides an opportunity to highlight experience; a more extensive work and personal history should be contained in a curriculum vitae that addresses all the criteria in the published protocol. Use additional pages to respond more fully on a...

10. NH v QM [2023] NZDT 487 (28 August 2023) [pdf, 197 KB]

    ...$1,824.00 to NH on or before 17 October 2023. Reasons: 1. NH was invited by QM to join a poker club named the CM. The club was run as a private “room” hosted by QM on an online gambling site. QM, who took a cut (“raked the pot”) in the form of virtual gold coins for organising the group, would collect the money and pay the winners. 2. On 17 April 2023, NH lost $1,824.00 gambling in the club, and paid this sum to QM, who paid the winners. The next day, NH won $11,200.00, but Q...