Search Results

1. JT v Q Ltd [2024] NZDT 227 (24 February 2024) [pdf, 91 KB]

   ...Ltd for $325.00. Reasons Introduction 1. On 15 August 2023 JT parked within the business location of [address]. She went into the bakery and returned a short time later. In or around 20 September 2023 she received a reminder letter from Q Ltd informing of an earlier Breach Notice for $95.00 that had been sent to her and due to non-payment had incurred a further charge of $75.00. She emailed Q Ltd suspecting the letter was a scam and was informed of her breach with photographic evidenc...

2. NW & NG v TM Ltd [2023] NZDT 579 (16 November 2023) [pdf, 115 KB]

   ...[2023] NZDT 579 APPLICANT NW and NG RESPONDENT TM Ltd The Tribunal orders: TM Ltd is to pay $7500.00 to NW and NG on or before 14 December 2023. Reasons 1. NW and NG contracted TM Ltd to provide concreting services in the form of a new concrete driveway covering 123sqm. A price of $21,975.00 was agreed and this included replacement of a section of the shared driveway. The contract price was paid in full by completion of the job. 2. The job took 20 days rathe...

3. HL Ltd v AH [2023] NZDT 490 (17 October 2023) [pdf, 178 KB]

   ...occurred on the facts of this case. As HL Ltd has not shown that the damage was caused by AH’s act of negligence, its claim is dismissed. Referee: Ms Cowie DTR Date: 17 October 2023 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...

4. E Ltd v DM & KA [2023] NZDT 483 (23 June 2023) [pdf, 145 KB]

   ...can proceed in the Tribunal. Were either or both of the respondents contractually liable to pay E Ltd? 7. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 8. The contract between E Ltd and the finance company was in writing, but the arrangement between E Ltd and the respondents was largely verbal. KA submitted that DM bought her the car...

5. DE v SC [2023] NZDT 499 (10 October 2023) [pdf, 205 KB]

   ...for the accident, and for the damage to both DE’s vehicle and to SC’s vehicle is the driver of [car 2]. 16. The claim against SC is dismissed. Referee: Nicholas Blake Date: 10 October 2023 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...

6. ME v B Ltd [2023] NZDT 213 (17 April 2023) [pdf, 192 KB]

   ...of an implied contractual duty of reasonable care [with respect to the receipt and processing of the applicant’s booking] to justify the awarding of the compensation sought. 4) I accept the case for the respondent, as summarised above. The information made available to customers of B Ltd for customers travelling abroad is that sufficient time should be allowed between the likely arrival of a domestic flight at, in this case, [City B], and the departure, for check-in, and related, p...

7. XS v UQ [2024] NZDT 132 (19 March 2024) [pdf, 184 KB]

   ...7. The amount claimed is the final price for the work less an adjustment for depreciation of the wall. 8. The claim is proved. Referee: B M Smallbone Date: Tuesday, 19 March 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 rehe...

8. TE v M Ltd [2023] NZDT 602 (2 November 2023) [pdf, 177 KB]

   ...as to which door lock would be placed upon and her claim must fail. 16. M Ltd has sought payment of the outstanding sum for its final invoice. Beyond the allegations about the lock error, TE has not challenged to the invoice, which is, I am informed, largely for doorstops provided outside of the contract. Therefore, I make orders that this invoice for $649.37 is to be paid. Referee: C D Boys Date: 2 November 2023 Page 3 of 3 Informati...

9. BG v SI Ltd [2022] NZDT 292 (15 December 2022) [pdf, 116 KB]

   ...under the Act. 10. This means that BG is not entitled to reject the system and obtain a refund of the price paid. BG claim is therefore dismissed. Referee: R Merrett Date: 15 December 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 rehe...

10. NB v U Ltd [2023] NZDT 310 (9 June 2023) [pdf, 211 KB]

    ...impact of the smashed window and/or glass pieces left in the door frame, could have affected the operation of the window. 8. When asked specifically about the timing of the window stopping working immediately after the break-in,LT gave no detailed information to support his stated view that the fault was unrelated to the break-in. 9. Given the compelling inference to be drawn from the timing of the window control failure immediately after the window was smashed, I do not consider...