Search Results

1. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

   ...the applicant had booked his flights, there were several instances where the airlines changed flight times and the respondent failed to notify him of significant changes. Instead, these notifications came directly from the airline. b. Incorrect information was given to the applicant by an agent who was no longer working for the respondent, causing confusion and stress. This was especially the case regarding flights that had been booked but not proceeded with as the applicant and his fami...

2. NQ v HN [2022] NZDT 38 (6 April 2022) [pdf, 183 KB]

   ...has not shown that it is more likely that C was sold with an underlying condition that caused her to suffer a prolapse, the claim must be dismissed. Referee: Cowie Date: 6 April 2022 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. SM v CT [2020] NZDT 1432 (4 August 2020) [pdf, 223 KB]

   ...CT breach the contract of sale with SM? b. What remedy is SM entitled to? Did CT breach the contract of sale with SM? 5. There is a contract between the parties for the sale and purchase of the vehicle even though the contract might not be formally in writing. 6. The Contract and Commercial Law Act 2017 (CCL) implies into all contracts for the sale of goods certain conditions and warranties as to title and quiet possession. Section 135 says: (1) In a contract of sale there...

4. [2022] NZEmpC 44 Courage v Attorney-General [pdf, 204 KB]

   ...circumstances when it is in the interests of justice to do so. [7] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the ord...

5. D Ltd v M Ltd [2023] NZDT 731 (13 December 2023) [pdf, 221 KB]

   ...terminating yet continued using their services, that a fair and just outcome is that M Ltd pay for 50% of the amount claimed by D Ltd. M Ltd is to pay D Ltd $1,776.06. Referee: Kaho Date: 13 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 re...

6. M Ltd v SN & LL [2023] NZDT 742 (13 December 2023) [pdf, 204 KB]

   ...services provider of the mortgage finance. In this case, the applicant received a commission from the third party lender, not the respondents. CI0301_CIV_DCDT_Order Page 2 of 4 6. On 11 January 2022 the respondents signed a declaration form regarding the services the applicant was providing which stated: “I/We confirm that we have been provided with and have red and understood the Financial Adviser’s Disclosure Guide. I/We understand that the Financial Adviser’s Di...

7. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 No refunds on tickets except where required by the Consumer Guarantees Act 1993. No refunds or other compensation will be given if an advertised artist or act is changed, cancelled, or the length or content of their performance is changed. 7. MI argued that the rain date may have been put into the terms and conditions after she purchased her ticket. E Ltd’s representative, EI, acknowledged that there had been some online speculation about this....

8. QF Ltd v I Ltd [2023] NZDT 664 (28 September 2023) [pdf, 198 KB]

   ...the truck not tested as there were also other tradespeople working on the electrics of the truck. The next day when the truck was being used one of the hoses developed a leak. I Ltd cleaned up the mess and had another company repair the leak. I Ltd informed QF Ltd of this two days later. I Ltd has not paid QF Ltd’s invoice. 2. QF Ltd claims the sum of $1,535.89 for the invoiced amount. The issue to be determined is what amount, if any, QF Ltd is entitled to. 3. QF Ltd carried o...

9. DH & XH v G Ltd [2024] NZDT 9 (24 January 2024) [pdf, 177 KB]

   ...evidence of the current equivalent models, I order that G Ltd is to refund the cost of the Furniture; $4,596, on or by 16 February 2024. Referee: C D Boys Date: 24 January 2024 2 Section 21 CGA 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...

10. B Ltd v OQ [2024] NZDT 107 (11 January 2024) [pdf, 92 KB]

    ...[11] Thus, although I accept that B Ltd did the work for which it claims, I consider it is not entitled to payment from OQ, and the claim is dismissed. Referee: C Hawes Date: 11 January 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 reh...