Search Results

1. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...entitled to payment of invoices totalling (now) $3,184.51? d. Is S Ltd entitled to interest and collection costs of $1,537.67? In relation to the invoices, who were the contracts between? 6. Under 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. 7. I find, and the parties agree, that: a. the truck in question belonged to K Ltd and the investigative and repair work on the t...

2. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...take into account BC’s submission that the incident happened in a split second. I also take into account that BC had to hit his brakes causing his wheel to lock and also hit the hazard lights and reversed. There was no other evidence of any other form of warning. 29. For these reasons I am satisfied that it is more likely than not that BC did not give any warning to TH. If not, did TH contribute to the collision? 30. BC said that TH should not have followed him but should hav...

3. IL v BG [2023] NZDT 449 (18 August 2023) [pdf, 226 KB]

   ...an offer has been made on sufficiently certain terms by one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be formal or informal and can be created in writing or orally, or partly in writing and partly oral. It is more difficult to prove the existence of an oral contract but, once proved, it is legally enforceable between the parties in the same way as a

4. BM & FM v O Ltd [2023] NZDT 735 (20 December 2023) [pdf, 173 KB]

   ...APPLICANTS BM and FM RESPONDENT O Ltd The Tribunal orders: 1. The respondent is changed from O Ltd to W Ltd. 2. W Ltd is to pay $2,506.46 to BM and FM by 31 January 2024. 3. The evidence provided by W Ltd in the document ‘Information and Submissions’ received by the [City 1] District Court on 1 December 2023 and provided to the Tribunal in the hearing of 19 December 2023 is suppressed pursuant to s20A of the Disputes Tribunal Act 1988 and may not be published.

5. [2023] NZEnvC 253 Seaport Land Company Limited v New Plymouth District Council [pdf, 215 KB]

   ...dispute; the matter of appropriate zoning for the site would remain at large. [17] It submits the real issue is instead one of planning detail; which is the specific planning framework to implement the base finding of the Hearings Panel, that the requested rezoning was appropriate. [18] In response to the issue of prejudice to potential interested parties in resolving that planning detail, SLC submits that PTL was directly involved as a party as were mana whenua and a number of...

6. BX v QD & Ors [2024] NZDT 792 (29 November 2024) [pdf, 237 KB]

   ...would have seen the warning signs of the issues that have been found. 12. The final witness was Mr UX. UX stated he had been working on the property next door and noted what appeared to be a leak in the deck. He did not however approach the former occupant of the house. 13. The vendors were QD, KD, FC and BN Ltd, as trustees of the C Family Trust. The house however had been occupied by QD’s 94 year father, FC Snr. Mr FC Snr had been a sole trustee when the house was purchase...

7. NC v UD Ltd [2024] NZDT 829 (2 October 2024) [pdf, 189 KB]

   ...Ltd [container number 1]. As NC has not provided any evidence of his ownership of this or any other container held by UD Ltd, the claim is dismissed. Referee: C Price Date: 2 October 2024 Page 4 of 4 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. BE & TE v NX [2024] NZDT 605 (16 September 2024) [pdf, 200 KB]

   ...half years ago. Accordingly, she submits that the claim cannot be brought against her. 7. While NXP’s services were contracted in November 2017, the act that has led to this claim has only occurred recently in March 2024. This was when NX informed the Applicants that she could no longer supply the fusion video. 8. The act of entering into the contract did not give rise to the cause of action but it was NXP’s inability to carry out the contract which has led to this claim. Thi...

9. [2023] NZEmpC 211 ELG v KLE [pdf, 185 KB]

   ...in KLE’s possession had been removed from the workplace. Inquiries were made of KLE over the following days, asking for the return of that property. It now appears that some property was returned reluctantly and only in response to specific requests. [10] ELG says that it has now become apparent that KLE has not returned all of the hardware items he has removed. Some of that hardware is replaceable but the way in which KLE dealt with reasonable requests for its return has fuell...

10. MO v X Ltd [2025] NZDT 111 (5 March 2025) [pdf, 197 KB]

    ...Do X Ltd’s terms and conditions exclude liability? 6. A contract is a legal agreement between two parties, and the terms of the contract are what each party has agreed to do under the contract. 7. I find that X Ltd’s terms and conditions formed part of the contract between the parties. It was common ground that the terms and conditions were attached to an email sent to MO setting out the request for the deposit. 8. MO said he did not read the terms and conditions at the tim...