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1. 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...

2. HB- & UB v KN [2023] NZDT 49 (9 February 2023) [pdf, 200 KB]

   ...against KN is dismissed. It may be that the applicants consider they have claims against other parties. But that is a matter for the applicants to pursue. Referee: Souness - DTR Date: 9 February 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. BL v GG Ltd [2022] NZDT 200 (5 December 2022) [pdf, 176 KB]

   ...2. The issues I must decide are: a. Is BL entitled to cancel her one-year gym membership with GG Ltd? b. If yes, is the amount claimed reasonable? Is BL entitled to cancel her one-year gym membership with GG Ltd? 3. A contract is formed when two parties exchange something of value. In this situation BL paid $2330.00 for a one-year gym membership at GG Ltd. 4. BL states she did not sign any paperwork when she agreed to pay for the one-year membership. She states she n

4. QD & SC v NU [2023] NZDT 756 (12 December 2023) [pdf, 207 KB]

   ...and SC had to purchase cladding and flashings. 24. The cost the cladding and flashings is proven. 25. NU is liable to QD and SC for that amount. Referee: Nicholas Blake Date: 12 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 r...

5. U Ltd v T Ltd [2023] NZDT 747 (15 December 2023) [pdf, 197 KB]

   ...respondent’s premises and attend to an issue with a cooking implement. The specific factual question, here arising, is whether, if the respondent made it clear that what was sought was the certifying of a gas burner, the applicant was under a duty to inform the respondent that it was unable to assist with any such requirement, and failed to do that. 4) The question identified in the preceding paragraph raises the issue of what was precisely said between the respondent’s manager S...

6. DN & KN v NQ [2023] NZDT 761 (12 December 2023) [pdf, 193 KB]

   ...limit of this Tribunal. 13. Accordingly, I award compensation in the amount claimed $30,000.00. Referee: A Hayes Date: 12/12/23 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...

7. I Ltd v D Ltd & ors [2024] NZDT 136 (15 April 2024) [pdf, 176 KB]

   ...8. Accordingly, the Tribunal considers the matter has been settled in accordance with the CCLA legislation and the claim must be dismissed. Referee: L. Mueller Date: 15 April 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. KN v X Ltd [2024] NZDT 158 (7 March 2024) [pdf, 180 KB]

   ...take due care by providing notice to affected residents, by approaching residents personally, and by placing the steel plate and traffic cones when the remedial work was done. 13. I find that KN, on the balance of probabilities based on the information, was aware of the steel plate being on the footpath. And that it was KN’s decision to drive intentionally, after personally removing the traffic cones, over the steel plate, which resulted in the damage to his vehicle. 14. For...

9. BC v Z Ltd [2024] NZDT 156 (3 April 2024) [pdf, 181 KB]

   ...storage spaces at the property. If yes, what remedy is available? 15. I find that no remedy has to be considered given my finding on the first issue. Referee: A Chand Date: 3rd April 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...

10. HM v F [2023] NZDT 445 (29 August 2023) [pdf, 205 KB]

    ...31 December 2022 without giving her any warning? b) If so, what is HM’s loss? Has F breached its contract with HM by cancelling her 115,189 Points on 31 December 2022 without giving her any warning? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. CI0301_CIV_DCDT_Order Page 2 of 3 5. HM refers to F’s customary practice of sending...