Search Results

1. HI v TN [2022] NZDT 53 (11 January 2022) [pdf, 200 KB]

   ...claims, was found after the sale to have substantial defects. HI alleges that TN misrepresented the condition of the vehicle, and claims compensation for repairs and resulting expenses. [2] HI, a motor vehicle trader of some 30 years experience, was informed in August 2021 by a person he knew that TN had a 2004 Ford Falcon for sale. HI, who was based in [City 1], phoned TN, who was in [City 2], to discuss the car. They agreed on a price of $18,000.00, and the car was delivered to [City...

2. CD v X Ltd [2024] NZDT 262 (26 March 2024) [pdf, 140 KB]

   ...reported that the owner of the car was not a bona fide customer of [shopping centre], and the car had been parked overnight. 14. WI said that request breaches are somewhat different to breaches issued for exceeding the time limits. She says on her information, CD had parked in breach of the terms and conditions of the car park and the initial breach notice was correct. 15. I do not accept that the initial breach notice correctly stated what terms and conditions CD had been in br...

3. D Ltd v BE [2023] NZDT 346 (21 July 2023) [pdf, 113 KB]

   ...of $12,199.21 of the amounts invoiced. 19. While D Ltd claims contractual interest, they have provided no evidence of terms and conditions having been provided to BE or proven that BE agreed to interest on default amounts when the contract was formed. 20. Where there is no contractual rate of interest agreed, interest may be awarded by the Tribunal as per the Interest on Money Claims Act 2016. As discussed at the hearing, when a claim has been first brought some years after the cau...

4. NI v QQ Ltd [2023] NZDT 577 (26 November 2023) [pdf, 187 KB]

   ...NZDT 577 APPLICANT NI RESPONDENT QQ Ltd The Tribunal orders: QQ Ltd is to pay $873.83 to NI by the 18th December 2023. Reasons 1. In January 2021 NI and [his wife] entered into a contract with QQ Ltd in the form of an Agreement for Sale and Purchase to buy a section and a building contract for a completed building on the land. The contract provided for a completion date to be “16-20 weeks after the floor is laid.” Settlement was to be upon the...

5. IN v BI [2023] NZDT 345 (18 July 2023) [pdf, 201 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 345 APPLICANT IN RESPONDENT BI The Tribunal orders: The claim is dismissed. Reasons 1. In October 2022 IN and BI decided to register and produce a dance performance for the [the festival], which was to take place in [redacted]. No formal agreement was made, rather they started the process together as co-choreographers, (developing the piece under IN’s trading name ‘[G Ltd]’) and obtained a gr...

6. FC & KC v X Ltd [2023] NZDT 478 (28 August 2023) [pdf, 219 KB]

   ...unfit to continue, which they didn’t and weren’t. 32. Accordingly, the is no basis for X Ltd paying general damages for physical and emotional distress. Referee: L Mueller Date: 28 August 2023 Page 4 of 4 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...

7. I Ltd v V Ltd [2024] NZDT 97 (18 January 2024) [pdf, 187 KB]

   ...V Ltd was responsible for choosing the photographs for the website. (c) V Ltd knew that since the photograph on the website had been taken, OB had a large [animal] tattooed onto her arm. The tattoo was done approximately two years prior and the information about the tattoo was contained in OB’s details in V Ltd’s folder on OB. (d) I am satisfied that a photograph showing bare skin on arms without a tattoo is likely to lead a potential client into believing the model has no tattoos...

8. M Ltd & PQ v SS & AS [2024] NZDT 786 (17 October 2024) [pdf, 190 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

9. BI & Ors v W Ltd [2024] NZDT 403 (2 March 2024) [pdf, 198 KB]

   ...including s9) of another party the Tribunal may make an order under s 43 (2). That order may direct a party to the amount of the loss or damage. (s 43 (3)(f)). 12. As a result of the misleading communication from the Group Sales Team HN was never informed of dates which the applicants could make their group booking and use their FFC’s. They have lost the value of those FFC’s, being $4,994.33. For these reasons I find that they are entitled to the sum of $$4,994.33. Conclusion...

10. BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [pdf, 101 KB]

    ...between 10 and 15 years, KK and BK sought advice from Q Ltd about whether a different pump should be installed. The water flow in the well was low, and SK recommended for that reason that the next pump should be smaller, although of the same brand. SK informed KK and BK in an email dated 17 February 2022 that a [water pump] would suit their location because it “will be better suited to the flow the well is able to produce”. KK and BK agreed, and a pump of that description was installe...