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1. N Ltd v O Ltd [2022] NZDT 245 (25 November 2022) [pdf, 137 KB]

   ...required to do as an agent acting for O Ltd. I was not responsible in any way for the delays that led to the death of paua. The actions of N Ltd did not cause O Ltd to have a failure of the delivery of live paua. Did N Ltd fail to disclose information about B Ltd’s terms and conditions to O Ltd? 3. O Ltd has claimed that N Ltd failed to notify O Ltd of terms and conditions on the Waybill supplied by B Ltd and therefore O Ltd was not aware that B Ltd would not be responsible f...

2. SU v WC [2022] NZDT 215 (21 November 2022) [pdf, 110 KB]

   ...that I should award SU. 18. For these reasons the claim by SU against WC is proved. 19. For these reasons WC is to pay SU $2,755.32. Referee: K Johnson Date: 21 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 r...

3. DG v CM [2024] NZDT 207 (7 February 2024) [pdf, 177 KB]

   ...prior to the sale and advised that the car should not be driven as further damage could be caused and it was unsafe. [Mechanic workshop] owner KI confirmed in writing that the invoice had been modified from the original, and that CM had also been informed verbally that the issue made the car both liable to further damage if driven with the fault unrepaired, and unsafe to drive. 8. Issue: Did CM misrepresent the condition of the car to DG, thereby inducing DG to enter the contract...

4. D Ltd v R Ltd [2024] NZDT 228 (8 March 2024) [pdf, 189 KB]

   ...no evidence. NY for R Ltd said they had requested [authorities]’s representative to attend the second hearing as a witness, but [authorities] declined to appear. Nevertheless, given the issues raised by R Ltd there would have been other written forms of evidence, such as independent testing, to support its claims, yet nothing was presented by R Ltd. D Ltd say that their work was done properly and the neighbour was causing problems for the site. 5. In the absence of any evidence...

5. DC v C Ltd [2022] NZDT 274 (16 December 2022) [pdf, 93 KB]

   ...would the landline as back-up to call an ambulance if the mobile coverage was not working, and in subsequent emails the consumer stressed that this was a life-or-death issue. 4. Eventually the landline was restored on 12 July, but the consumer informed the supplier that she was cancelling the contract immediately due to “poor service reliability, lack of clear communication, and lack of timely and appropriate remedial action”. 5. The supplier issued an invoice for $907.50, comprisi...

6. LD v BD Ltd & BT Ltd [2023] NZDT 560 (24 November 2023) [pdf, 193 KB]

   ...truck and load. [5] LD is clear in his evidence that he was never told of any possible damage to his driveway, that there was no site visit before delivery, and he was not provided with a written contact. He does admit however that he received information via email and had telephone conversations with a salesperson from BT Ltd about delivery method. LD also admits that because the delivery was in October 2021, he cannot be sure a site visit did not take place before delivery, but he is su...

7. WC v HM [2023] NZDT 486 (2 October 2023) [pdf, 173 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 486 APPLICANT WC RESPONDENT HM The Tribunal orders: The claim is dismissed. Reasons: 1. When WC moved in with her partner at [address] in February 2022, she formed a bond with a young white and ginger tabby tom cat who regularly visited her. She called him P and said the window was left open for him to come and go as he pleased. Most nights he slept in her bed. A notice was placed on the com...

8. Form-42_Civil_Victims-Order.pdf [pdf, 248 KB]

   Version 21 – October 2023 page 1 10/23 form 42 Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from...

9. LZ v I Ltd [2023] NZDT 174 (22 May 2023) [pdf, 178 KB]

   ...I am satisfied that while the gift cards were promotional offers as part of the deal to entice customers, they were not contractual in nature because there was no “consideration” or money paid for their purchase. Because the gift cards did not form part of the contract for the drone and product care, there can be no breach of a contract for failing to return the value of the cards as requested. 12. I further take into account that the promotional cards are called “gift cards” wh...

10. ND v KS [2023] NZDT 300 (18 July 2023) [pdf, 186 KB]

    ...make an order for delivery of specific property, but KS is not detaining the kittens, so I have simply noted that KS acknowledges the kittens belong to ND. Referee: E Paton-Simpson Date: 18 July 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 reh...