Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. NE & HE v S Ltd [2023] NZDT 154 (1 May 2023) [pdf, 102 KB]

   ...employee of the company. That employee had apparent authority to bind the company, even if they did not have actual authority. That is sufficient to evidence an offer, which was accepted by signing and returning the document. The contract was therefore formed once that occurred, on 16 May 2022. CI0301_CIV_DCDT_Order Page 2 of 4 8. The one-month delay in signing had arisen as the applicants had needed to obtain information about insurance and building issues, which took a few...

6. BL v K Ltd [2023] NZDT 176 (1 June 2023) [pdf, 193 KB]

   ...K Ltd confirmed today that the correct commission is $11,765.42 and BL accepted this figure. Therefore, I find that BL is entitled to a commission of $11,765.42. Referee: Sara Grayson Date: 1 June 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 reh...

7. X Ltd v L Ltd [2023] NZDT 104 (9 March 2023) [pdf, 186 KB]

   ...13. If a breach of s 9 of the FTA causes a person to suffer loss, the Tribunal may grant a remedy under s 43, including an order that one party pay the other the amount of the loss or damage. 14. I accept that X Ltd has suffered loss in the form of the freight charge for sending the tractor back to L Ltd. I accept the evidence from X Ltd that if it had known that 1,216 hours was not an accurate representation of the number of hours the tractor had done, it would not have purchased it...

8. KT & TL v F Ltd [2023] NZDT 666 (17 October 2023) [pdf, 204 KB]

   ...Section 36 (1)(a) of the Contract and Commercial Law Act 2017 (CCLA) states that “A party to a contract may cancel it if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to …(b) complete the performance of B’s obligations under the contract”. The party cancelling the contract may claim damages for any losses caused by the other party’s failure to perform their obligations. 6. At the hearing TL explained that the project...

9. DR v BU Ltd [2022] NZDT 199 (22 November 2022) [pdf, 135 KB]

   ...respondent or as a result of a call to the respondent by the owner of the carpark or the person who holds a permit to park there. 8. The applicants raised several arguments that there were inconsistencies about the way the tow was conducted and the information they were given after the tow. While this may have been the case, this did not negate the respondent’s right to tow the applicants’ car from private land. 9. The applicants also told the Tribunal that the respondent had a g...

10. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

    ...was sufficient proof that a lose towbar was responsible for the second bike rack failing and needing to be replaced. 19. Mr Z said that those kind of towbars need a specialised ball system which he described. He said that the using a mathematical formula which is an acceptable way to work out load capacity, the downward pressure on the bike rack was too great. 20. He said that while he does not dispute that the bike towbar became lose and demonstrated unacceptable movement, the rea...