Search Results

1. [2024] NZEnvC 104 Auckland Council v Li [pdf, 167 KB]

   ...316(1) and 314(1)(b)(i) of the RMA, the Respondent Runfang Li must: 2 (a) use their best endeavours to progress the processing of resource consent application LUC60417381 (the Application) including by responding to all s 92 requests for information; and (b) undertake the remedial work on the property at 202 Albany Heights Road, RD2 Albany, Auckland 0792, legally described as Lot 3 DP 95423, in accordance with the Application if resource consent LUC60417381 is granted and wi...

2. LN v B Ltd [2023] NZDT 717 (4 December 2023) [pdf, 169 KB]

   ...that she would not be entitled to a refund in any circumstances. That clause may not be enforceable however there is another clause headed ‘Force Majeure’ which states that the respondent will not be liable or responsible for any failure to perform or delay in performance of any obligations that is caused by events outside its reasonable control. The New Zealand Government’s response to Covid and the resulting mandates was outside the control of the respondent. I could not order a...

3. KG v D Ltd [2023] NZDT 705 (19 December 2023) [pdf, 176 KB]

   ...loss of the goods. If so, is KG entitled to all or any of the $1,237.00 that is claimed? 8. A party is entitled to seek damages. The object is to place the aggrieved party in the position that would have been occupied had the contract been performed as originally agreed. 9. I am satisfied that the costs to repair the cabinet are reasonable. I find that D Ltd is pay KG $1,237.00. Referee: D Alofivae Date: 19 December 2023 Page 3 of 3 Information f...

4. E Ltd v O Ltd [2023] NZDT 721 (1 December 2023) [pdf, 92 KB]

   ...applicant to prove their claims on a balance of probabilities. Although I have reviewed all the evidence and submissions, I have only referenced what I find necessary to give context to my decision. Did O Ltd breach the contract? 5. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of a contract define the rights and obligations of the parties. 6. A breach of a c...

5. MOJ0614_SEP21_WEB.pdf [pdf, 73 KB]

   ...judge why you don’t agree with it. A lawyer can help you do this. If you don’t go to court, the judge can make the Protection Order without you being there. What to do if you don’t agree It’s free of charge to go to court and fill out the forms to tell the Court you don’t agree with a Protection Order or an application for a Protection Order. You should talk to a lawyer to help you. If you can’t afford a lawyer, you may be able to get legal aid or free help from a Community...

6. ED v Q Ltd [2023] NZDT 412 (24 August 2023) [pdf, 182 KB]

   ...and/or used within its warranty guidelines? b. Is ED entitled to $115.00 as claimed, or to any other sum? Was the [fishing rod] of acceptable quality and/or used within its warranty guidelines? 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...

7. SQ v UI [2023] NZDT 351 (10 August 2023) [pdf, 108 KB]

   ...between the parties? b) Whether UI owes any monies to SQ? c) Whether SQ is entitled to the transfer of the boat named [boat name]? 5. The relevant law is that of contract. Whether there was a contract between the parties? 6. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of the contract define the rights and obligations of the parties. 7. A breach of c...

8. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...a total of $14,950.00 to have the work completed by another supplier, whereas the unpaid balance of the contract price was only $8,387.00. The amount required to put the consumer into the position he would have been in if the contract had been performed is therefore $6,563.00. This exceeds the amount claimed, and no more than the $4,990.00 notified to the supplier can be awarded without adjourning to give further notice. For these reasons, I find that the supplier must pay $4,990.00 to the...

9. O Ltd v TO [2023] NZDT 341 (24 May 2023) [pdf, 169 KB]

   ...claimed costs for. 6. As already stated, the Tribunal cannot award costs in this case, including the filing fee, and O Ltd’s claim must therefore be dismissed. Referee Perfect Date: 24 May 2023 Page 2 of 2 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 rehe...

10. DQ v MD [2024] NZDT 47 (12 January 2024) [pdf, 93 KB]

    ...What was agreed regarding the time for delivery? b) Is DQ entitled to a refund? What was agreed regarding the time for delivery? 4. The common law of contract allows parties to enter into legally binding agreements. A contract does not require a formal written document, and I accept that a binding contractual agreement was formed between MD and DQ via text messages and emails. 5. The initial message sent by DQ on 5 July 2023 stated, “We have [sporting event] coming up in Sep &...