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1. CH v NB [2021] NZDT 1680 (8 November 2021) [pdf, 127 KB]

   ...c) Is GST payable? Did NB agree to pay for QC Ltd’s service? CI0301_CIV_DCDT_Order Page 2 of 3 4. 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. However, the applicant bears the onus of proving the terms of the contract, which can be difficult where the other party disputes what was agreed. 5. The adviser, representing QC Ltd, gave...

2. MI v T Ltd [2023] NZDT 102 (10 March 2023) [pdf, 114 KB]

   ...order, MI may apply to the Tribunal for enforcement of a work order and should supply a quotation for the amount it would cost him to freight the goods back to T Ltd. Referee Perfect Date: 10 March 2023 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...

3. TT v N Ltd [2023] NZDT 753 (5 December 2023) [pdf, 163 KB]

   ...Page 2 of 3 I note that at the rehearing hearing N Ltd offered to continue working with TT to address the remaining outstanding issues with the property. Referee: Kaho - DTR Date: 5 December 2023 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...

4. KT v D Ltd [2023] NZDT 632 (23 November 2023) [pdf, 108 KB]

   ...the cost of the parts that KT purchased, for the failure to provide the full lockset. KT is to return the lockset to D Ltd on receipt of the refund. Referee: Arti Chand Date: 23 November 2023 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 r...

5. BO v NI [2023] NZDT 616 (8 December 2023) [pdf, 193 KB]

   ...is clearly met. NI does not suggest that the scooter is capable of being repaired. In these circumstances, a case for a refund is made out. Referee: G.P.Rossiter Date: 8 December 2023 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 rehe...

6. C Ltd v EN [2023] NZDT 611 (22 November 2023) [pdf, 204 KB]

   ...II. What were the relevant terms of the plan? III. Did EN use the additional data that he has been invoiced for? IV. Is EN required to pay C Ltd $1191.91? Did EN agree to the 300 GB plan? 7. C Ltd provided evidence to the Tribunal in the form of an e-mail that showed on the 20th of December 2019, EN asked for his plan to be changed from the unlimited 3G to the 300Gb 4G plan. CI0301_CIV_DCDT_Order Page 2 of 3 What were the relevant terms of the plan? 8. The key...

7. NA v ZT & AM [2022] NZDT 197 (28 October 2022) [pdf, 178 KB]

   ...not have permission to cut down those trees. Conclusion 10. For these reasons the remaining issues need not be determined, and the claim is dismissed. Referee: K Rendall Date: 28 October 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...

8. XX v KN [2023] NZDT 45 (3 February 2023).pdf [pdf, 177 KB]

   ...would provide a quote before he undertook the work? (b) If not, Is XX entitled to payment of his invoice? Was it agreed that XX would provide a quote before he undertook the work? 3. KN said he always asks for a quote before work is performed on his behalf. He provided several quotes he had obtained as evidence in support of his usual practise. The parties agree that this was the first time that KN had engaged XX’s services. KN left the aluminium material and a cutting tool...

9. KU v KG Ltd [2023] NZDT 18 (27 January 2023) [pdf, 195 KB]

   ...failing to provide what it agreed to. 9. The loss KU incurred was the cost of the voucher which was for $2,500. An order is therefore made for that amount. Referee: K Cowie DTR Date: 27 January 2023 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...

10. KE v TX [2022] NZDT 277 (2 December 2022) [pdf, 91 KB]

    ...secured and that an unauthorised bid under his account could not be made by another person. 6. When the auction ended with the bid from TX’s account having met reserve and being the only bid, TX won the auction and a legally binding contract was formed between TX, the account owner, and KE. Under contract law, by not following through with the purchase, TX breached his obligations under the contract. CI0301_CIV_DCDT_Order Page 2 of 3 7. KE had to relist and resell his ve...