Search Results

1. EN & QN v C Ltd [2024] NZDT 581 (23 August 2024) [pdf, 205 KB]

   ...working and had no assurance it would work and they accepted the risk the clock may not able to be made to work. For these reasons I must dismiss the claim. Referee: C Murphy Date: 23 August 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...

2. NE & TE v SS [2024] NZDT 586 (6 September 2024) [pdf, 183 KB]

   ...property. 5. In the absence of evidence to the contrary I accept the Applicant’s account of the event as set out in paragraph 1 and I find that SS unlawfully caused damage to their property. I accept that the background was that SS had been performing work on the Applicants property and a dispute had arisen over the final payment. Regardless of the merits of that matter, I accept NE’s evidence that TE then saw SS stop his van outside their property. Then, after NE phoned SS and to...

3. NQ v T Ltd [2024] NZDT 598 (9 August 2024) [pdf, 178 KB]

   ...brake-checking. Given that this practice is inherently dangerous and that it followed a tight lane change, I find that NQ is fully liable for causing the collision. Referee Perfect Date: 9 August 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...

4. SU v KU [2024] NZDT 596 (10 September 2024) [pdf, 185 KB]

   ...consider. 6. KU says that there has never been any discussion of the table being returned to SU, that he has been allowed to use it since he went flatting in September 2017 and that he was given the table by his parents in April 2022. SU’s former wife and KU’s mother, CU stated in a text message sent on 6 June 2023 that the table was gifted to KU in April 2022 upon her separation with SU. 7. As the applicant, SU is required to prove his case on the balance of probabilities....

5. DC & EC v KI [2025] NZDT 18 (17 January 2025) [pdf, 120 KB]

   ...are: a. Has there been a breach of contract by KI? b. If so, what remedy is appropriate? Has there been a breach of contract by KI? CI0301_CIV_DCDT_Order Page 2 of 4 6. 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. A breach occurs when one party does not do something they agreed to do. 7. I find KI breached the contract by failing to provide th...

6. DU v X Ltd [2024] NZDT 630 (20 September 2024) [pdf, 163 KB]

   ...refunded. 10. Accordingly, X Ltd is to pay the amount of $530.00 as ordered. I do not include the filing fee as I have no power to award this. Referee: P McKinstry Date: 20 September 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...

7. EC v LP & CP [2025] NZDT 147 (7 February 2025) [pdf, 96 KB]

   ...any, is available to the seller? Was there a binding contract? 4. The buyer lives in [City 1], and the seller lives in [City 2]. The buyer organised a colleague to view the car but had not seen it herself when the seller claims the contract was formed. The buyer submitted that she had no intention to be legally bound to buy the car until she had a chance to inspect it herself. 5. However, the buyer’s subjective intention does not determine whether there was a binding contract. Sinc...

8. MB v TT [2025] NZDT 206 (9 July 2025) [pdf, 131 KB]

   ...Reasons 2. On 3 December 2017. MB and her partner, KM, purchased a house. The finance was arranged by TT, who is a mortgage broker. TT was working through O Ltd. 3. A dispute had arisen about the terms of the loan and the timing of information provided to and from [Bank] (the mortgagee) before the property was purchased, amongst other things. 4. In 2019, KM brought an application to the Tribunal against O Ltd.1 Two hearings occurred before Referee Jaduram. At the secon

9. KX v M Ltd [2025] NZDT 278 (12 June 2025) [pdf, 174 KB]

   ...includes mediation. If an agreement is not reached an Adjudicator investigates the complaint and makes a decision that is binding on the financial service provider. S Grayson Disputes Tribunal Referee 12 June 2025 Page 3 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...

10. TI & X v HT [2025] NZDT 250 (8 July 2025) [pdf, 175 KB]

    ...contributed to the purchase, which was a gift for the use of their parents although registered in the name of one brother. They did a check [online] before the purchase, which did not reveal any issues. 2. Just over six months later, the police informed TI and XI that the car was a stolen vehicle, and that it needed to be taken to a police station to be returned to its rightful owner. The brothers took the car to the [redacted] Police Station, and contacted HT for a refund of the purchas...