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1. 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...

2. 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...

3. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...agreement. As that is set out in clause 10 and the contract has been signed by ZC, the warranties implied in the CCLA do not apply to the contract between ZC and N Ltd. Referee: G R Meyer Date: 28th 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...

4. MOJ0171.1-NOV22-WEB.pdf [pdf, 362 KB]

   Jury Service Ratonga Rōpū Whakawā A summary for people selected for jury service You have been randomly selected for jury service This pamphlet tells you the key things about jury service and what you need to do. You can find more information on our website: justice.govt.nz/courts/jury-service/ Thank you Thank you for being one of the thousands of New Zealanders who help make our justice system work each year. As a juror, you are making a difference in your community. Wh

5. MT v EB [2023] NZDT 508 (1 November 2023) [pdf, 239 KB]

   ...“we'll notify you that your bid has been successful, and you should promptly pay the purchase price (plus any agreed shipping) and complete the transaction in the manner specified in the listing”. 10. Parties who use the [online] platform agree as part of their membership to abide by the [online] terms and conditions. I find it is an expressed term of contacts conducted through that platform that the purchaser must pay for the goods before they are delivered. 11. I agree...

6. DM v QB Ltd [2023] NZDT 124 (9 June 2023).pdf [pdf, 184 KB]

   ...acceptable quality or fit for its particular purpose. However, in the absence of evidence to the contrary, I do accept the evidence in paragraph 7 that the new unit did not function as it should, and also that it was missing the facia panel, which formed an integral part of it, leaving a surrounding gap. So, even if the fault was one of installation rather than with the unit itself, on balance, where the unit was designed specifically for DM’s model of car, I find that given the missing...

7. KQ v M Ltd [2023] NZDT 74 (24 February 2023) [pdf, 204 KB]

   ...maintenance. It is quite unlike a repair. 13. In this instance there has been no breach of a guarantee under the CGA, and therefore this claim must be dismissed. Referee: P Moses Date: 24 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...

8. Q Ltd v T Ltd [2023] NZDT 755 (13 December 2023) [pdf, 193 KB]

   ...yacht and after a site visit was made I prepared a quotation. There were some amendments to the plan so I advised I would revise their quote and an additional 50% or so was added to the original quote, this was accepted via the Xero software platform. Upon completion […] I emailed the invoice for balance of payment. T Ltd short changed me $805.00 claiming that they thought that the original quote was the correct quote. 3. Q Ltd’s claim seeks $850.00. 4. The hearing took...

9. T Ltd v C Ltd & CD [2023] NZDT 298 (10 August 2023) [pdf, 186 KB]

   ...established that C Ltd or CD are liable, it is not necessary to determine the issue of reasonable costs. 12. The claims against C Ltd and CD are dismissed. Referee: GM Taylor Date: 10 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...

10. BM v LD [2023] NZDT 122 (15 March 2023) [pdf, 176 KB]

    ...the car back? Did the parties have a binding agreement for sale of the car? If so, what were the terms? 6. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. The courts take an objective approach to deciding what has been agreed, based on the communications between the parties. 7. The parties gave conflicting evidence regarding their verbal a...