Search Results

1. QL v E Ltd [2023] NZDT 752 (1 December 2023) [pdf, 182 KB]

   ...the goods were defective, therefore E Ltd is not required to remedy the defect. 18. Accordingly, QL is not entitled to a replacement jacket. Referee: L. Mueller Date: 1 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 reh...

2. EN v IX Ltd [2022] NZDT 223 (30 November 2022) [pdf, 94 KB]

   ...of the doors. EN’s claim is therefore dismissed and IX Ltd are entitled to the balance due for the manufacture and supply of the doors and windows. Referee: R Merrett Date: 30 November 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...

3. SX v R Ltd & M Ltd [2024 NZDT 14 (27 February 2024) [pdf, 128 KB]

   ...person into signing a contract and involves such things a violence or threats of violence. In relation to economic loss duress can also include situations where one party to the contract varies an existing contract by an unlawful threat not to perform the contract. Duress does not include contracts where one party may be seen to drive a hard bargain or where there is freedom of choice. CI0301_CIV_DCDT_Order Page 2 of 3 5. SX states her home was tenanted for a fixed term and betwee...

4. DQ v CC [2024] NZDT 22 (28 February 2024) [pdf, 192 KB]

   ...consider repair costs further and I dismiss the claim. Referee: J Costigan Date: 28 February 2024 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 at the time. If you wish to apply for a r...

5. SB v IK [2024] NZDT 255 (26 March 2024) [pdf, 94 KB]

   ...make a decision on the evidence place before me at the hearing. Did the respondent breach the contract with the applicant when he failed to supply the replacement sensory? 7. The general law of contract applies. 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 CI0301_CIV_DCDT_Order Page 2 of 3 contract are formed at the beginning, not at the end. What was agreed is looked a...

6. TD v EX [2024] NZDT 137 (31 January 2024) [pdf, 194 KB]

   ...8. TD’s vehicle was damaged as a direct result of EX’s breach of her duty of care, therefore EX is liable for the TD’s repair costs. Referee: L. Mueller Date: 31 January 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 rehe...

7. GN v EG [2024] NZDT 150 (26 March 2024) [pdf, 179 KB]

   ...are, based on the evidence: a. What is most likely the cause of the issue with the coffee machine? b. What remedy, if any, is appropriate? What is most likely the cause of the issue with the coffee machine? 3. I find that based on the information, the issue with the coffee machine was more likely than not a result of the manner in which the coffee machine had been used prior to the purchase by GN. 4. GN purchased the coffee machine which was described as being in “great...

8. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...refund comes to well over the $5,500.00 claimed, but IO cannot recover more than the amount of his claim. I have therefore ordered payment of $5,500.00. Referee: E Paton-Simpson Date: 26 March 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...

9. JT v Q Ltd [2024] NZDT 227 (24 February 2024) [pdf, 91 KB]

   ...Ltd for $325.00. Reasons Introduction 1. On 15 August 2023 JT parked within the business location of [address]. She went into the bakery and returned a short time later. In or around 20 September 2023 she received a reminder letter from Q Ltd informing of an earlier Breach Notice for $95.00 that had been sent to her and due to non-payment had incurred a further charge of $75.00. She emailed Q Ltd suspecting the letter was a scam and was informed of her breach with photographic evidenc...

10. NW & NG v TM Ltd [2023] NZDT 579 (16 November 2023) [pdf, 115 KB]

    ...[2023] NZDT 579 APPLICANT NW and NG RESPONDENT TM Ltd The Tribunal orders: TM Ltd is to pay $7500.00 to NW and NG on or before 14 December 2023. Reasons 1. NW and NG contracted TM Ltd to provide concreting services in the form of a new concrete driveway covering 123sqm. A price of $21,975.00 was agreed and this included replacement of a section of the shared driveway. The contract price was paid in full by completion of the job. 2. The job took 20 days rathe...