Search Results

1. LL v KN [2024] NZDT 369 (27 June 2024) [pdf, 173 KB]

   ...absence of good evidence about these costs, I allow $80.00 compensation. 10. In conclusion, LL is entitled to a refund of $560.00 ($640.00 - $80.00). Referee: Sara Grayson Date: 27 June 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...

2. KN v D Ltd [2024] NZDT 371 (23 May 2024) [pdf, 170 KB]

   ...that it is most likely that KN’s loss is therefore actually more likely to be in the order of $300.00 and this is the amount I find that D Ltd is liable to pay KN. Referee: L Trevelyan Date: 23 May 2024 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...

3. DC & IC v J Ltd [2024] NZDT 391 (10 June 2024) [pdf, 130 KB]

   ...fence has an effect on both parties. Furthermore, not that I accept their argument, but if I did, J Ltd’s argument is weakened in that the screws used to fix the posts to the boundary fence would have to breach the “middle line” to provide some form of strength for the posts to hold the corrugated iron. That in itself would require notice and consent from IC and DC, which was not done. If it is a change to the existing boundary fence, then what is the remedy? 7. Having found tha...

4. IM v X Ltd [2024] NZDT 402 (17 June 2024) [pdf, 175 KB]

   ...proving that X Ltd fell short of reasonable expectations for security in all the circumstances. He has failed to prove this, so the claim must be dismissed. Referee: E Paton-Simpson Date: 17 June 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...

5. HX v MT & OM [2024] NZDT 613 (26 August 2024) [pdf, 94 KB]

   ...required to give more than two weeks notice? Is he entitled to a refund of the balance of the bond? 6. The rights and obligations of flatmates usually arise out of their agreement with the head tenant. The agreement may be verbal or written and is formed at the start of the flatting arrangement. If the head tenant wants to impose new terms and conditions after the flatmate has moved in, that is considered a variation of the original agreement. A variation cannot be imposed unilater...

6. TS v XX [2024] NZDT 625 (4 September 2024) [pdf, 176 KB]

   ...In effect, no notice was given. The respondent was paid up to 17 January. The applicant is entitled to an order for 3 weeks rent, which is $600.00. Referee: GP Rossiter Date: 4 September 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 r...

7. WO v BN and ors [2024] NZDT 433 (13 June 2024) [pdf, 175 KB]

   ...the parts purchased was provided. Further, in the absence of independent mechanical evidence about symptoms, the car may have been “running well” (in lay terms) in spite of a low coolant level/crack in the radiator. 6. Given the specific information gleaned from his own inspection of the car for sale (low coolant level), I cannot find that the more general statement “runs well” induced WO’s entry into the contract to buy the car. Even though he says he asked the buyers abou...

8. HB v Q Ltd [2024] NZDT 582 (26 August 2024) [pdf, 173 KB]

   ...is no basis to consider an award of compensation. Therefore, it is not necessary to consider the second issue. 9. In summary, the claim is dismissed. Referee: Sara Grayson Date: 26 August 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. BT & Q Ltd v U Ltd [2024] NZDT 550 (8 August 2024) [pdf, 182 KB]

   ...action in withdrawing the credit account was directed at the company and not him personally. For these reasons, he does not have a claim under the FTA. Referee: J P Smith Date: 8 August 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...

10. NC Ltd v TE & HE [2024] NZDT 597 (17 July 2024) [pdf, 175 KB]

    ...prove that additional amounts are owing, and there can be no percentage cost over-run, due to the fixed price nature of the job. The claim must therefore be dismissed. Referee Perfect Date: 17 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...