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1. [2022] NZEmpC 44 Courage v Attorney-General [pdf, 204 KB]

   ...circumstances when it is in the interests of justice to do so. [7] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the ord...

2. D Ltd v M Ltd [2023] NZDT 731 (13 December 2023) [pdf, 221 KB]

   ...terminating yet continued using their services, that a fair and just outcome is that M Ltd pay for 50% of the amount claimed by D Ltd. M Ltd is to pay D Ltd $1,776.06. Referee: Kaho Date: 13 December 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 re...

3. M Ltd v SN & LL [2023] NZDT 742 (13 December 2023) [pdf, 204 KB]

   ...services provider of the mortgage finance. In this case, the applicant received a commission from the third party lender, not the respondents. CI0301_CIV_DCDT_Order Page 2 of 4 6. On 11 January 2022 the respondents signed a declaration form regarding the services the applicant was providing which stated: “I/We confirm that we have been provided with and have red and understood the Financial Adviser’s Disclosure Guide. I/We understand that the Financial Adviser’s Di...

4. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 No refunds on tickets except where required by the Consumer Guarantees Act 1993. No refunds or other compensation will be given if an advertised artist or act is changed, cancelled, or the length or content of their performance is changed. 7. MI argued that the rain date may have been put into the terms and conditions after she purchased her ticket. E Ltd’s representative, EI, acknowledged that there had been some online speculation about this....

5. QF Ltd v I Ltd [2023] NZDT 664 (28 September 2023) [pdf, 198 KB]

   ...the truck not tested as there were also other tradespeople working on the electrics of the truck. The next day when the truck was being used one of the hoses developed a leak. I Ltd cleaned up the mess and had another company repair the leak. I Ltd informed QF Ltd of this two days later. I Ltd has not paid QF Ltd’s invoice. 2. QF Ltd claims the sum of $1,535.89 for the invoiced amount. The issue to be determined is what amount, if any, QF Ltd is entitled to. 3. QF Ltd carried o...

6. DH & XH v G Ltd [2024] NZDT 9 (24 January 2024) [pdf, 177 KB]

   ...evidence of the current equivalent models, I order that G Ltd is to refund the cost of the Furniture; $4,596, on or by 16 February 2024. Referee: C D Boys Date: 24 January 2024 2 Section 21 CGA 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...

7. B Ltd v OQ [2024] NZDT 107 (11 January 2024) [pdf, 92 KB]

   ...[11] Thus, although I accept that B Ltd did the work for which it claims, I consider it is not entitled to payment from OQ, and the claim is dismissed. Referee: C Hawes Date: 11 January 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...

8. OIA-108973.pdf [pdf, 1.2 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 27 February 2024 Our ref: OIA 108973 Tēnā koe Official Information Act request: Court & legal aid information Thank you for your request under the Official Information Act 1982 (the Act) on 12 January 2024, to the Ministry of Justice (the Ministry). For ease of response, your request has been numbered, an...

9. HI v KC [2024] NZDT 157 (26 March 2024) [pdf, 175 KB]

   ...Page 2 of 3 6. Since KC was unable to pass ownership of the kayaks to HI, damages are payable. The normal measure of damages for breach of contract is the amount required to put the innocent party in the same position as if the contract had been performed. Damages for non-delivery of second- hand goods is measured by the market value of those specific goods. 7. KC said that the kayaks were very old and pointed out that the neighbour had said they were “worthless, especially without the...

10. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

    ...and did not get any bids. However, in case there is any residual value in the damaged vanity, I have given NS an opportunity to have it if he wishes. Referee: E Paton-Simpson Date: 6 November 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 r...