Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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 &...

8. DQ v C Ltd [2024] NZDT 642 (9 September 2024) [pdf, 172 KB]

   ...RESPONDENT C Ltd T/A EN The Tribunal orders: The claim is dismissed. Reasons: 1. DQ bought a [petrol car] from EN in November 2021. In June 2024 DQ’s car broke down. He received roadside assistance from U Ltd who informed him the current battery installed in the car was incorrect and was for a [hybrid car] and not for a petrol car. 2. DQ claims he was sold a car with a battery that was not fit for purpose and now claims in the Disputes Tribunal for $757...

9. UI v BC [2024] NZDT 331 (30 April 2024) [pdf, 201 KB]

   ...both fraudulent and innocent misrepresentations. It is more likely that the misrepresentations by BC were innocent, not fraudulent. Referee: B M Smallbone Date: Tuesday, 30 April 2024 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...

10. 20240911-Smokefree-Environments-and-Regulated-Products-Amendment-Bill-No-2.pdf [pdf, 307 KB]

    ...on how information about ‘regulated products’ offered for internet sale is to be provided. 10. These clauses limit freedom of expression in a number of ways. Advertisements and communications to customers through visibility of products are forms of expression, and prohibition or regulation of their content engages s 14 of the Bill of Rights Act. Are the limitations justified and proportionate under s 5 of the Bill of Rights Act? 11. A provision found to limit a particular right...