Search Results

1. AZ v S Ltd [2023] NZDT 268 (28 June 2023) [pdf, 179 KB]

   ...the water damage as being due to a water leak that was gradual in nature. The report indicates that the damage was hidden, and that the insured should not have necessarily known about it earlier. The evidence presented is that the tenants did not inform S Ltd of the leak. However, in a later conversation with AZ they told her that they had noticed it around two months prior to moving out. 8. S Ltd’s inspection took place in late April 2022. The leak wasn’t noted then, and there is...

2. EN & ND v QI & MI [2023] NZDT 272 (21 July 2023) [pdf, 181 KB]

   ...unable to award costs of this type because of section 43 of the Disputes Tribunal Act 1988. There are some exceptions to this but none of them apply in this case. Referee: M Wilson Date: 21 July 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...

3. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

   ...to be determined were as follows: a. Did the Respondent cause the damage as alleged? b. If so, then what is an appropriate amount to be paid by way of compensation? Did the Respondent cause the damage as alleged? 4. A person in trade performing work on a car for a customer owes a duty, whether in contract or the general law of tort, not to damage the car being worked upon. It might also be a breach of the Consumer Guarantees Act 1993. However, in a Tribunal or Court hearing ab...

4. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

   ...of the $625.00 deposit. 6. TL’s claim was for $670.00. The balance was the tribunal filing fee. Under s43 of the Disputes Tribunal Act 2008 a party cannot recover the filing fee. Therefore, I cannot award the amount of the fee. Other information 7. EL mentioned there were signs in the shop with its store policy that says if items were not paid for at least 2 weeks before delivery, the customer cannot make a claim (or blame them). I told him signs such as these cannot overrid...

5. EB & KB v D Ltd [2023] NZDT 288 (11 November 2022) [pdf, 210 KB]

   ...Ltd is to pay the sum of $120.00 to EB on or before Friday 25 November 2022. 2. D Ltd is to pay the further sum of $49.28 to EB on or before Friday 25 November 2022 if this sum has not already been paid. Reasons: 1. The respondent D Ltd is the former property manager for the applicants. The applicants are unhappy with the services provided in relation to two tenancies, the first from December 2018 to March 2022, and the second from 12 to 27 March 2022. 2. The applicants now claim $...

6. EE v H Ltd [2023] NZDT 280 (10 August 2023) [pdf, 214 KB]

   ...the cost of the Tribunal filing fee as such costs are not recoverable in the Tribunal due to the provisions of section 43 of the Disputes Tribunals Act 1988. Referee: K. Edwards 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 a rehe...

7. DT v KI [2023] NZDT 294 (19 July 2023) [pdf, 195 KB]

   ...house is small, that you can hear anyone coming in the gate and can see or hear anyone in the lawn area from the window. She questioned the reliability of the person alleged to have attended the property to mow the lawns that day, who is now a former employee of DT, as she alleged DT had not immediately received cash payments given by her mother to this employee at an earlier service. 5. The price of the mowing service changed from $25.00 to $35.00 during the period claimed. DT sa

8. DO v TC [2022] NZDT 264 (23 December 2022) [pdf, 177 KB]

   ...DO could have sold the wreck for, had it not been stolen) — as TC is insured by YZ Ltd, it is her insurance company that will actually be making that payment. Referee Perfect Date: 23 December 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 reh...

9. SB v LQ [2024] NZDT 128 (16 April 2024) [pdf, 203 KB]

   ...repair shop] where he took his bike to have the repairs done. The mechanic, NX, wrote that the engine had seized and needed to be rebuilt. He wrote that “it is hard to know the true representation of the running time of a motocross bike, as this information in most case is acquired through fitting an aftermarket hour meter… which can be tampered with at any point”. 7. SB had also asked LQ in a text if there was any damage he had not disclosed in the advertisement and LQ affi...

10. H Ltd v T Ltd & Ors [2023] NZDT 700 (19 December 2023) [pdf, 226 KB]

    ...XX The Tribunal orders: The claim is dismissed. Reasons: 1. H Ltd were contracted by NX to build a house. NX contracted separately with B Ltd for the house plans. H Ltd contracted T Ltd for the site survey and layout. 2. When requested to start works, T Ltd requested plans from B Ltd to enable them to set out the site. H Ltd then started building set out work. However, as the project progressed, they realised there had been an error as the measurements on the plans di...