Search Results

1. UU v UX [2019] NZDT 1547 (25 September 2019) [pdf, 153 KB]

   ...contract, only to recover damages. 9. Since the out-of-round wheel is probably not repairable, damages must be measured by the difference between the actual value of the wheels and the expected value of the wheels if the contract had been properly performed. 10. UX conceded that, even though this type of wheel is quite valuable and unique, there would be little or no market for a set of only three wheels. UU maintained that the tyres that came with the wheels were also worthless, an...

2. KI & LG v CN & MT [2019] NZDT 1507 (30 May 2019) [pdf, 155 KB]

   ...& LG RESPONDENTS CN & MT The Tribunal hereby orders: CN and MT, jointly and severally, are to pay the sum of $9,033.79 to KI and LG on or before Thursday 13 June 2019. Reasons: 1. The respondents are the former owners of land over which there was a right-of-way used as a driveway by several of their neighbours, including the applicants. Following a slip on 7 July 2016, the parties disagreed over who was responsible to pay for repairs to the drivew...

3. [2022] NZEnvC 013 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 755 KB]

   ...Landscape Society Incorporated’s (‘the society’) application for enforcement orders under s314(f), 2 RMA.1 The decision concerned Queenstown Lakes District Council’s (‘QLDC’) preparation and notification of its summary of decisions requested for two submissions pursuant to clause 7 of Schedule 1 of the RMA. [2] As relevant to this determination, the court found that QLDC’s summary of the rezoning submissions by Gertrude's Saddlery Limited (‘GSL’)2 and L...

4. KT v BM [2021] NZDT 1571 (22 July 2021) [pdf, 182 KB]

   ...fee. The amount of statutory interest potentially payable is just over $3.00. In the circumstances I am not satisfied that an award is necessary or justified. Referee: J P Smith Date: 22 July 2021 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...

5. MD Ltd v UB [2017] NZDT 1483 (12 February 2018) [pdf, 96 KB]

   ...required under CCCFA s 17? b) Did MD comply with the lender responsibility principles? c) What sum, if any, is payable? Has MD made the disclosure required under CCCFA s 17? 4. CCCFA s 17 requires a creditor to ensure that the applicable key information set out in CCCFA Schedule 1 is disclosed to the debtor before a consumer credit contract is entered into. CCCFA s 99 prohibits the creditor from enforcing a consumer credit contract before the required disclosure has been made. 5....

6. AS v YC Ltd [2022] NZDT 75 (9 June 2022) [pdf, 239 KB]

   ...teleconference. As calls made to the number provided went unanswered, the hearing proceeded in their absence. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 9 June 2022 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...

7. LA v KZ [2023] NZDT 574 (14 November 2023) [pdf, 193 KB]

   ...refundable to LA? 12. For the reasons given above, I find that KZ is liable to pay $900.00 to LA and the balance of the claim and the counter-claim are dismissed. Referee Perfect Date: 14 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...

8. LCRO 42/2022 QA v Kennelly - Publication decision (1 August 2023) [pdf, 172 KB]

   ...Kennelly’s meaning. 3 As noted in point [31] of the decision, one of my goals is to do my utmost to improve future outcomes for other vulnerable clients who may find themselves in a similar situation to that of my father. Accordingly, I am requesting publication of this order.4 … It seems fair to describe Mr Kennelly as a serial offender and I believe it has reached a point where it is in the public interest to publish the decision. The hope is that future potential clients...

9. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...grounds for the applicant to cancel the contract. Furthermore, given the length of time it has taken for the parties to get to this outcome, I hope this brings some closure. Referee: Date: 30 May 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...

10. LN v K Ltd & EU [2023] NZDT 136 (6 June 2023) [pdf, 183 KB]

    ...collision. 3. Both parties provided evidence including photos of the damage to the vehicle, the clarity of the day, GPS and time data of the truck’s travel on that day from Eroad, a witness report, several photos of the road and google maps information. 4. JO, a director of K Ltd, told the Tribunal EU was not reversing and referred to the onboard record of Eroad/GPS data as confirmation EU was not reversing. 5. DB, a passenger in the truck, told the Tribunal they were on their...