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1. GOTB memorandum of counsel 25 November 2016 [pdf, 2.1 MB]

   ...wishes to ensure, as best as possible, that the proceeding is conducted as efficiently and effectively as possible. GOTS members are particularly concerned to understand the likely timeframes for the application. To that end, GOTS respectfully requests the Court schedule a pre-hearing judicial conference (PHC), before the end of 2016 so that the parties can have some understanding of the likely timetable and commitments between now and the hearing of the application . To allow suffi...

2. NE & LE v IN & KC & CN [2020 NZDT 1537 (20 July 2020) [pdf, 93 KB]

   ...and CN, jointly and severally, are to pay the sum of $368.75 to NE and LE on or before Monday 3 August 2020. Reasons: 1. On 30 July 2019, NE and LE entered into a sale and purchase agreement to buy the respondents’ house using the standard form ADLS/REINZ Agreement for Sale and Purchase of Real Estate (ninth edition 2012(8)). Settlement was on 8 November 2019. In early December 2019, the purchasers had the heat pump inspected by [Company], which reported that the remote control wa...

3. EFT v SQ [2019] NZDT 1357 (25 October 2019) [pdf, 195 KB]

   ...are EFT 's reasonable losses? Was Mr Q negligent in allowing his stock to make their way onto the highway? 4. I find that EFT have provided insufficient evidence to prove negligence on Mr Q's part. Section 5(2) of the Animal Law Reform Act 1989 states that, in determining whether or not a person is liable by way of negligence for damage caused by an animal straying onto a particular highway, consideration shall be given to the common practice in the relevant locality in r...

4. CX v A Ltd [2019] NZDT 1336 (16 June 2019) [pdf, 209 KB]

   ...year. CX has paid $6 to A Ltd (which he notes is twice the $3 fee he would have had to pay had he obtained a ticket) and has filed this claim with the Tribunal seeking a declaration that he is not liable to pay the remaining $59 (although in the claim form the sum he noted was the entire $65). 2. The issues I need to decide are: a. Was it a condition of a contract between CX and A Ltd that $65 would have to be paid if he did not obtain a ticket? b. If so, is $65 a sum that can be c...

5. KT & TE v B Ltd [2021] NZDT 1650 (12 November 2021) [pdf, 91 KB]

   ...retention in the terms of the contract, which override the statutory provisions (CCLA s 67), so the respondent must refund the full sum of $457.00. Referee: E Paton-Simpson Date: 12 November 2021 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. W v D [2019] NZDT 1362 (29 November 2019) [pdf, 220 KB]

   ...What remedy, if any, is available to Mr W? 10. For the reasons above, I find that no remedy is available to Mr W and the claim is dismissed. Referee: Date: 29 November 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply

7. NN v TD [2021] NZDT 1343 (11 March 2021) [pdf, 178 KB]

   ...between the parties? b. If so, what were the terms? c. Did TD breach the contract? d. What sums, if any, are payable by TD to NN? Was there a binding contract between the parties? 3. The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. A contract can also be conditional, in that until the conditions are fulfilled the contract cannot be concluded. 4. In this case I find that the parties had entered into a co...

8. CH v JJ [2022] NZDT 97 (10 August 2022) [pdf, 170 KB]

   ...The applicant has not provided the Tribunal with any evidence the supply and installation of the oven was unsatisfactory. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Hannan DTR Date: 10 August 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 reh...

9. EU v BQ [2023] NZDT 126 (4 July 2023) [pdf, 177 KB]

   ...this item is excluded the net sum awarded for this invoice is $957.50. 8) The applicant is awarded the total of the sums in the above 2 paragraphs, $3,447.50. Referee: GP Rossiter Date: 4 July 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...

10. UC v QG RG [2023] NZDT 120 (8 March 2023) [pdf, 202 KB]

    ...that QG breached the contract by not paying the mating fee and selling two dogs without desexing them, an order is made for the amount of his claim being $15,000.00. Referee: K Cowie DTR Date: 8 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...