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1. BU v BH [2020] NZDT 1400 (20 November 2020) [pdf, 176 KB]

   ...BU’s claim in misrepresentation fails. I am unable to see any other way BU could claim damages from BH. The claim is therefore dismissed. Referee: M Wilson Date: 20 November 2020 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...

2. LO v SD [2021] NZDT 1388 (3 July 2019) [pdf, 222 KB]

   ...person/entity outside New Zealand so that person is not subject to New Zealand laws. Is there any other cause of action against Ms D? 9. I find that there is no other cause of action for a legal claim against Ms D. There was no contract formed for Ms D’s help as there was no consideration provided or any intention to create legal relations – Ms D was simply asked to help obtain tickets as a favour to her friend – Ms D emphasises that she was approached by Ms O, not the oth...

3. SM Ltd v QT [2022] NZDT 169 (31 October 2022) [pdf, 97 KB]

   ...Ltd’s Terms of Engagement, which he accepted and signed at the time. 4. NN carried out work and invoiced QT for $1800 plus gst, noting that it was reduced from $2646 which represented 7.9 hours at $325 plus gst per hour as quoted. 5. QT informed NN he would not pay more than the estimated price. 6. The issues to be decided are: i. Does the estimate mean that NN has undertaken to charge within the range of $1000 to $1500 plus gst? ii. What is the effect of the fact that NN...

4. [2022] NZACC 210 — Taylor v ACC (17 November 2022) [pdf, 143 KB]

   ...Reviewer dismissed an application for review of the Corporation’s decision declining to assess Mr Taylor’s application for permanent injury compensation. [2] On 4 October 2022, Judge Spiller issued an Initial Minute which directed that Mr Taylor formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. 2 [3] On 4 October 2022, Mr Fraser submitted that the appeal was filed in time on 8 September 2022. However, the Reg...

5. DU v BL & KL [2021] NZDT 1685 (28 May 2021) [pdf, 181 KB]

   ...of issues arising on properties that have just been purchased, the Tribunal must be satisfied that, on the balance of probabilities, the dishwasher was not in reasonable working order as at the date of settlement. 9. Based on the evidence and information provided at the hearing, I find that it is more likely than not that the dishwasher was in reasonable working order as at the date of settlement. 10. Based on my finding in paragraph 9 above, it is not necessary to address issues 3(b...

6. [2022] NZEmpC 170 Courage v Attorney-General [pdf, 207 KB]

   ...Inspectorate. The second to fourth defendants (the Gloriavale defendants) advise that they will abide the decision of the Court but draw attention to the fact that there is a significant amount of material of a sensitive nature contained within the requested documents, and that non-publication orders have been put in place in respect of some of the evidence given. Analysis [5] The Employment Relations Act 2000 does not deal with access to documents held on the Court file, nor do...

7. KD v NI Ltd [2019] NZDT 1361 (29 November 2019) [pdf, 262 KB]

   ...the base of the retaining wall and the existing drains by the house. As Mrs D’s Tribunal claim was $4999.00, the order is limited to that lower amount. 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 app...

8. K&B Partnership v JC [2016] NZDT 1345 (14 April 2016) [pdf, 184 KB]

   ...further issues regarding compensation, if any, that arise under the WACA that would have arisen had I found the animal to have been shot on DOC land. Referee: J Costigan Date: 14 April 2016 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 a...

9. SE v D Ltd [2023] NZDT 654 (23 November 2023) [pdf, 220 KB]

   ...rehearing on such grounds as it thinks fit (s 49 Disputes Tribunals Act 1988). 6. Section 42(1) DTA provides that, where a party does not attend after having been given a reasonable opportunity to do so, the Tribunal may deal with the claim on the information available. Where an order is made under this section, the party who did not attend may apply for a rehearing if there is “sufficient reason” for their non-attendance (s 42(2) DTA). However, it may not be appropriate to gra...

10. T Ltd v TN [2022] NZDT 101 (9 September 2022) [pdf, 174 KB]

    ...beyond the scope of the work authorised by TN? 4. The common law of contract allows parties to enter into legally binding agreements. When interpreting a contract, the courts take an objective approach. They inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. 5. TN submitted that when she asked T Ltd to “have a look” she only expected...