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1. DC v JBD Ltd [2021] NZDT 1379 (11 March 2021) [pdf, 203 KB]

   ...APPLICANT RI APPLICANT SB APPLICANT YE RESPONDENT JBD Limited The Tribunal orders: Claim Dismissed. REASONS: Brief Details of Claim CI0301_CIV_DCDT_Order Page 2 of 4 1. In 2006, the ten applicants formed an art collective named BD. Over time, the collective purchased a number of paintings. On or about 2016, BD decided to sell all of its paintings. BD arranged with JBD Ltd (JBD) to sell the paintings through JBD’s gallery in [Redacted l...

2. OIA-98202.pdf [pdf, 927 KB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 contactus@justice.govt.nz | www.justice.govt.nz 1 September 2022 Our ref: OIA 98202 Tēnā koe Official Information Act request: Board appointees information Thank you for your email of 6 August 2022, (received by the Ministry of Justice on 8 August 2022), requesting, under the Official Information Act 1982 (the Act), names of those appointees to Ministry of Justice (...

3. CQ and others v JT [2023] NZDT 744 (14 December 2023) [pdf, 224 KB]

   ...and in spite of the work done by the respondent to repair the fence, I find that there is not an adequate fence between the parties. I say this because: a. The fence does not run along the entire length of the boundary. b. The fence is not uniform in appearance or build. c. The posts are not firmly placed in the ground and the applicants’ evidence was that this would mean that the fence would become more unstable and fail over time. CI0301_CIV_DCDT_Order Page 3 of 5...

4. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...entitled to payment of invoices totalling (now) $3,184.51? d. Is S Ltd entitled to interest and collection costs of $1,537.67? In relation to the invoices, who were the contracts between? 6. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. 7. I find, and the parties agree, that: a. the truck in question belonged to K Ltd and the investigative and repair work on the t...

5. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...take into account BC’s submission that the incident happened in a split second. I also take into account that BC had to hit his brakes causing his wheel to lock and also hit the hazard lights and reversed. There was no other evidence of any other form of warning. 29. For these reasons I am satisfied that it is more likely than not that BC did not give any warning to TH. If not, did TH contribute to the collision? 30. BC said that TH should not have followed him but should hav...

6. IL v BG [2023] NZDT 449 (18 August 2023) [pdf, 226 KB]

   ...an offer has been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be formal or informal and can be created in writing or orally, or partly in writing and partly oral. It is more difficult to prove the existence of an oral contract but, once proved, it is legally enforceable between the parties in the same way as a

7. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...APPLICANTS BM and FM RESPONDENT O Ltd The Tribunal orders: 1. The respondent is changed from O Ltd to W Ltd. 2. W Ltd is to pay $2,506.46 to BM and FM by 31 January 2024. 3. The evidence provided by W Ltd in the document ‘Information and Submissions’ received by the [City 1] District Court on 1 December 2023 and provided to the Tribunal in the hearing of 19 December 2023 is suppressed pursuant to s20A of the Disputes Tribunal Act 1988 and may not be published.

8. [2023] NZEnvC 253 Seaport Land Company Limited v New Plymouth District Council [pdf, 215 KB]

   ...dispute; the matter of appropriate zoning for the site would remain at large. [17] It submits the real issue is instead one of planning detail; which is the specific planning framework to implement the base finding of the Hearings Panel, that the requested rezoning was appropriate. [18] In response to the issue of prejudice to potential interested parties in resolving that planning detail, SLC submits that PTL was directly involved as a party as were mana whenua and a number of...

9. BX v QD & Ors [2024] NZDT 792 (29 November 2024) [pdf, 237 KB]

   ...would have seen the warning signs of the issues that have been found. 12. The final witness was Mr UX. UX stated he had been working on the property next door and noted what appeared to be a leak in the deck. He did not however approach the former occupant of the house. 13. The vendors were QD, KD, FC and BN Ltd, as trustees of the C Family Trust. The house however had been occupied by QD’s 94 year father, FC Snr. Mr FC Snr had been a sole trustee when the house was purchase...

10. NC v UD Ltd [2024] NZDT 829 (2 October 2024) [pdf, 189 KB]

    ...Ltd [container number 1]. As NC has not provided any evidence of his ownership of this or any other container held by UD Ltd, the claim is dismissed. Referee: C Price Date: 2 October 2024 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 reh...