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1. KC v UD [2021] NZDT 1556 (8 September 2021) [pdf, 158 KB]

   ...which he advised that the finance was conditional on a WOF, the communications thereafter were between KC, the broker and the finance company. UD say that his text reply to KC on or about 9 July 2021 was on the basis that KC had supplied all of the information required by [the broker] and [the financier]. 13. I find that it is more likely than not that finance was not approved for the following reasons: (a) UD says it was not approved. (b) There is an email from UD to KC dated 25 Ju...

2. JT & JB Ltd v SN [2021] NZDT 1582 (16 July 2021) [pdf, 197 KB]

   ...is to pay $5,806.50 to JB Limited by 7 August 2021 or by payments if JB Limited agrees. Background 1. On 21 February 2021 JT was driving his Lexus taxi in Ghuznee Street. Just before Ghuznee Street meets Taranaki Street, Ghuznee Street forms into two lanes in the same direction. Painted on the road in the left lane there is a left turn only arrow and in the right lane, a right turn only arrow. JT was driving a passenger to Newtown. Vehicles travelling to Newtown would exp...

3. QL v OQ [2021] NZDT 1664 (22 June 2021) [pdf, 116 KB]

   ...termination? b. Did OQ unlawfully terminate the agreement? c. If so, is QL entitled to $3,574.50 as claimed, or any other sum? What terms were agreed regarding termination? 5. The relevant law is 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. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

4. FC Ltd v TN & JM [2021] NZDT 1626 (10 August 2021) [pdf, 188 KB]

   ...& JM and HN at the property. EL said that HN had told him that his parents wanted a complete modernisation of the flat. EL said that TN & JM had said that their budget was in the vicinity of $100,000.00 for the work. He also said that he had informed HN that FC LTD charged 2% of the sum that would be provided to TN & JM as a quote. If the quote were to be accepted by TN & JM, that figure would be absorbed into the total contract price, but if the quote were not accepted, it...

5. NX & PX v Airline X [2022] NZDT 181 (28 September 2022) [pdf, 214 KB]

   ...flight from [City C] to [City E] on 23 May 2022. 9. There was no attendance at the hearing by or on behalf of [Airline X]. [Airline X] had emailed the Tribunal the day before the scheduled hearing seeking an adjournment of the hearing. Further information was requested by the Tribunal regarding the reasons for the adjournment and that CI0301_CIV_DCDT_Order Page 2 of 5 information was not provided prior to the hearing. The adjournment request was refused and all parties were adv...

6. OIA-98202-response.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 fyi-request-20154-ca972c5e@requests.fyi.org.nz 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...

7. BK & DU Ltd & WL v UX Ltd [2021] NZDT 1663 (8 July 2021) [pdf, 220 KB]

   ...it about bright-line tax prior to the purchase taking place and because he didn’t the trust had to pay tax it was not expecting to pay. Mr X does not accept any liability for the claim based on the terms of engagement and client care service information addressed to the trust dated 25 October 2017 (“terms of engagement”). 2. The trust is claiming $29,996.40 made up as follows: (a) Amount of reassessed bright-line tax payable to the IRD: $19,383.00 (b) Legal fees – [red...

8. 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...

9. 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 (...

10. 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...