Search Results

1. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...

2. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...has agreed to do under the contract. 6. NI requested a quote from Q Ltd to move his belongings. Q Ltd indicated to NI that he should allow 5-6 hours depot to depot with three men. Given NI engaged Q Ltd after that estimate was given, I find that formed the basis of their agreement. 7. NI said he thought it would only take 3 to 3 and half hours as he had recently moved within town and that is how long it had taken on that occasion. However, NI did not indicate to Q Ltd that he thoug...

3. QC v S Ltd [2024] NZDT 549 (19 July 2024) [pdf, 184 KB]

   ...not that the wrench was mistakenly left out of the items given to QC, I find that QC is entitled to a refund of the money he has paid for the item, which is $90.00. Referee: M Wilson Date: 19 July 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 reh...

4. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...They did not provide the accommodation service with reasonable care and skill. They are ordered to refund $351.50 to NC for the breach of the FTA. Referee: B M Smallbone Date: Monday, 22 July 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 re...

5. DZ v LU & IW Ltd [2024] NZDT 469 (4 June 2024) [pdf, 200 KB]

   ...responsibility to follow up on the bill/s before or at the time they were transferring the lease. 13. Since DZ has not provided evidence of if/when she sent the rates bills to IW Ltd, and since she also had a responsibility to mitigate losses in the form of late payment fees, I find that in all the circumstances here, IW Ltd is liable to pay only the proportional rates amount of $3071.55 for the period in question and not the late payment fee of $568.55. Referee Perfect Date:...

6. BL v CD (NZ) Ltd [2024] NZDT 282 (9 May 2024) [pdf, 176 KB]

   ...nothing at all to do with his booking. She provided a letter from CD Central’s “senior relations specialist”, who stated that it operated the website from [Country], and that affiliated companies, such as CD (NZ) Ltd did not have their own platform. The writer stated that there was no record of BL making the booking in question through CD. CI0301_CIV_DCDT_Order Page 2 of 3 [6] DJ’s opinion was that a fraudster had somehow created a fake website that looked much like that of...

7. EH v MG & FG [2024] NZDT 425 (28 May 2024) [pdf, 186 KB]

   ...purchaser discovered that bathroom renovation completed when MG and FG owned the property did not have a Code of Compliance (‘COC’). EH had two offers on the property at the time, one for $940,000.00 and another for $930,000.00. Upon receipt of this information the offer of $940,000.00 was withdrawn, and at a later date the offer of $930,000.00 was reduced to $910,000.00 on the condition that the property sale proceed without the COC. 3. EH claims $30,000.00 from MG and FG for the l...

8. Van Wey Lovatt v Accident Compensation Corporation (Continuance of All Appeals) [2025] NZACC 73 (6 May 2025) [pdf, 160 KB]

   ...April 2025. There was no response. Grounds for application [5] Dr Van Wey Lovett informally applied for a “continuance”. Counsel for the Corporation referred to this as an application for an “adjournment”. What Dr Van Way Lovatt was requesting and the time frames she sought were not made clear in her 29 March email. It stated. Dear All I apologise if my earlier communications were not clear. I need a continuance for all if [sic] my matters before the court. I’v...

9. UQ v TC [2025] NZDT 125 (21 May 2025) [pdf, 180 KB]

   ...failed to pay the fees and seeks an order that he is liable to pay $2,547,53. 3. The issue to be resolved is whether TC is liable to pay the fees? Is TC liable to pay the fees? 4. In February 2023 TC and his employer signed an enrolment form for the course. In the form TC agreed to be liable to pay the fees. UQ says that TC became liable to pay the fees of $2,547.53 when it sent an invoice for the fees on 27 March 2023, which is around the time the course started. 5. UQ’s...

10. CI v T Society [2025] NZDT 207 (9 July 2025) [pdf, 182 KB]

    ...to Dr T b. If he is, are there any grounds in the contract on which T Society can reduce the amount claimed? Is CI entitled under his insurance policy with T Society to reimbursement for visits to Dr T 9. An insurance policy is simply a form of contract, and the question of cover is therefore to be considered as a matter of contractual interpretation. The onus of proving that the policy does CI0301_CIV_DCDT_Order Page 2 of 3 provide cover in these circumstances is on...