Search Results

1. MQ v NP [2023] NZDT 352 (7 August 2023) [pdf, 176 KB]

   ...without evidence that NP was speeding or otherwise driving recklessly, I cannot find he was in breach of his duty of care. The claim then must be dismissed. Referee: G R Meyer Date: 7th August 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...

2. KT & MT v HT [2023] NZDT 98 (16 March 2023) [pdf, 178 KB]

   ...charges that he might otherwise have been entitled to if some accounting had been provided and there was evidence that payment had agreed to be made by KT and MT. Referee: G R Meyer Date: 16 March 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...

3. CQ v DW [2023] NZDT 84 (20 January 2023) [pdf, 187 KB]

   ...to work on a fence, and for objections to proposed work. s10 Notice to do work to be given (1) Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect. (2) The notice shall— (a) specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and (b) specify (whether by reference to...

4. V Ltd v BT [2023] NZDT 370 (11 May 2023) [pdf, 133 KB]

   ...through implied consent? • If so, what is BT liable to pay? Did BT agree to the clawback terms through implied consent? 8. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. A party can be considered to have agreed to contractual terms by their conduct. 9. I find that BT did agree to the clawback terms through implied consent. 10. This is for the fo...

5. BG v NU [2023] NZDT 337 (12 July 2023) [pdf, 182 KB]

   ...show that, while NU has repaid her for fines, he incurred in 2022, there is one fine from February 2023 which she paid and that he is liable to reimburse her for. Referee Perfect Date: 12 July 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 rehe...

6. LC v DB [2023] NZDT 161 (2 June 2023) [pdf, 104 KB]

   ...not paying the remaining $2,000.00? If so, what is LC entitled to be paid? Did LC and DB have an enforceable contract under which DB agreed to pay LC $3,000.00 towards the costs of repairs of the [vehicle]? 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 to the other party to the contract. For an agreement to be a legally binding contract certain elements are required. These include: ...

7. EG v KI [2023] NZDT 247 (12 June 2023) [pdf, 109 KB]

   ...damaged from the trimming: one manuka and two pohutukawa. 10. Photos were presented that showed the tops had been trimmed in a way that left “stubs”. These were unsightly, and not at growth points in the tree that would encourage proper future form. 11. I therefore consider that the trees were damaged. One was able to be rectified by trimming. The other two were removed altogether. KI made the point that the two trees that were removed were still alive. However, given the...

8. ET v TM [2023] NZDT 453 (21 August 2023) [pdf, 178 KB]

   ...event is in the same situation of not being able to prove his version of what happened. Both parties must therefore bear the cost of their own repairs. Referee: E Paton-Simpson Date: 21 August 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...

9. IF v EX [2023] NZDT 217 (5 May 2023) [pdf, 176 KB]

   ...bond of $460.00, so the balance owing is $1,757.00. Conclusion 9. For these reasons EX is to pay IF the sum of $1,757.00 by the date stated in the order. Referee: K Rendall Date: 5 May 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 rehe...

10. KW & TW v S Ltd [2024] NZDT 824 (17 October 2024) [pdf, 218 KB]

    ...are not stated, nor is the evidence upon which he based his opinion. I am therefore not persuaded that the assessment of poor paint quality and poor application can be relied upon. 8. The door manufacturer did not view the doors but provided information on how they should be painted. SM and NM, directors of S Ltd, state all such manufacturers’ recommendations are followed. There is no evidence the recommendations were not followed, nor any evidence the doors themselves are defecti...