Search Results

1. DT & Ors v MU [2025] NZDT 1 (17 January 2025) [pdf, 97 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [Racehorse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [Racehorse] appears to have had a latent condition that only became evident after the sale. The ve...

2. QI v KI & L Ltd [2024] NZDT 629 (11 July 2024) [pdf, 188 KB]

   ...their dealings with QI? (b) If so, what is the appropriate order? (c) Is QI entitled to his filing fee? 5. QI attended the hearing via teleconference. KI is currently incarcerated. The Tribunal phoned KI in prison (pre-arranged) and when I informed him that QI was on the line KI stated, “I have nothing to say to him” and the call was disconnected. 6. The absence of a party does not prevent a claim from being heard and determined. Did KI and L Ltd engage in misleading or decep...

3. IN v EW [2025] NZDT 3 (10 April 2025) [pdf, 195 KB]

   ...she has not collected the fabric and dress pieces by 6 pm on 10 May 2025, EW can dispose of them in any manner he sees fit. K O'Shea Disputes Tribunal Referee 10 April 2025 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 r...

4. HT v Q Ltd [2024] NZDT 337 (7 May 2024) [pdf, 133 KB]

   ...photo of HT from his phone to use for the real time ID process, and then tried to log in to his account. HT says he should not have been terminated by VX because he was not involved in this fraud. 12. Q Ltd says it took into account all of the information submitted by HT, and made multiple reviews of its original decision to terminate the account when requested by HT. It says however that each time it reviewed the matter the original decision to terminate HT’s account was confirmed....

5. KU & LU v D Ltd [2024] NZDT 742 (7 November 2024) [pdf, 179 KB]

   ...Therefore, I order that D Ltd must refund KU and LU $1757, on or by 5 December 2024, and must arrange to collect the dinghy from them. Referee: C D Boys Date: 7 November 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 r...

6. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

   ...evidence to the contrary, I accept QG’s account of the agreements reached and what occurred subsequently, as set out in paragraphs one to three above. So, I find that she is entitled to the sum claimed as EK has breached the contract by failing to perform his contractual obligations, with QG receiving nothing in return for the payments she made to EK for the bathroom fit out and the tiles. 8. I also find that EK has engaged in misleading and deceptive conduct in trade, contrary to...

7. EM v EI Ltd [2024] NZDT 366 (26 June 2024) [pdf, 175 KB]

   ...various reasons, EM was unable to complete the course. He claims a refund from EI Ltd of the price that he paid. [2] The documents provided showed that EM signed a document described as “Disclosure to all Recreational Students and Booking Information” on 20 November 2022. On the same date, he completed and signed a questionnaire relating to his medical fitness. He paid $499.00 for the course fee, and was scheduled to do the course at [lake] on the weekend of 17 – 18 December 2022...

8. ES v D Ltd [2024] NZDT 370 (31 May 2024) [pdf, 176 KB]

   ...shall not be awarded against a party to any proceedings before a Tribunal. 11. Therefore the amount payable by the supplier to the consumer is $690.00. Referee: E Paton-Simpson Date: 31 May 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 re...

9. XX v SU [2024] NZDT 401 (31 May 2024) [pdf, 178 KB]

   ...a further $100.00 in nominal damages for trespass to recognise the intrusion into the consumer’s home. The total sum payable is therefore $1,142.00. Referee: E Paton-Simpson Date: 31 May 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 rehe...

10. NI v C Ltd [2024] NZDT 412 (22 April 2024) [pdf, 183 KB]

    ...transporting a tractor-style ride-on lawn mower from [City 1] to [City 2]. The dispute arose because the dimensions of the mower given to C Ltd to price the cost of transport were incorrect. There is no suggestion of blame on NI as he had relied on information given to him by the person he purchased the mower from. 2. The effect of the discrepancy in the dimensions meant that rather than being 5.18m3, the mower was actually 13.87m3. This changed the cost of transport from $1,219.00 to...