Search Results

1. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...change to the shower, BC points out that that occurred before the job had even started and that the change was agreed to by WN. I accept that because the original quotation refers to the shower being tiled. The method and the cost of tiling therefore formed part of an amended scope of contract, but I am not persuaded that BC adequately made known to WN the further implications of this change in terms of needing an amendment to the Council consent, and also that the tiling and waterproofi...

2. LU v C Ltd [2023] NZDT 182 (25 June 2023) [pdf, 211 KB]

   ...reasonable and in keeping with the price given? Was the price given by C Ltd a quote or an estimate? Was the price for the 140mm pine decking ($8,058.45) shown on the pricing document calculated incorrectly? 3. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 4. The parties dispute whether the price given by C Ltd was a quote or an estimate. In addi...

3. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...a consumer under the CGA. Was there a contract between the parties, and if so was it a term of the contract that the work would be carried out in an acceptable and tradesperson-like manner? 8. The Law of Contract provides that a contract is formed when there is offer, acceptance, consideration, and the parties intend to be legally bound. The terms and conditions of a contract should be clear and known to both parties because each parties’ rights and obligations under the contract...

4. H Ltd & K Ltd v I Ltd [2024] NZDT 184 (25 March 2024) [pdf, 175 KB]

   ...copiers for K Ltd, however, he was unable to substantiate that with an email to that effect. It is evident however, that it was K Ltd who cancelled the contract and wanted to be released from its obligations and that I Ltd wanted the contract to be performed. In an attempt to resolve this matter, I Ltd offered for K Ltd to lease only one of the copiers for a monthly rental of $212.75, however K Ltd did not accept that offer. What does K Ltd owe I Ltd on the cancelled lease agreement...

5. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...the respondent should be paid. Therefore, I find that the applicant should pay the respondent the amount of the invoice less $49.88, a total of $1,012.00. Referee: K. Armstrong Date: 17 October 2023 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 a r...

6. DL v ET [2023] NZDT 532 (9 October 2023) [pdf, 201 KB]

   ...retaining wall will provide a “substantial structural benefit” to DL’s property, something DL denies. CI0301_CIV_DCDT_Order Page 2 of 4 Issues 11. The general or common law principle states that every landowner has a duty not perform any activity on their land which would cause damage to another person’s land. This is known as the right of support for the land in its natural state. 12. But the “right of support” does not require the property owner to take po...

7. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...Ltd’s services were not carried out with reasonable care and skill and that the driveway is not fit for purpose. FS has provided many photographs of problems resulting from poor workmanship throughout the job, but the major issue is with the likely performance of the driveway over time given the contractual breaches described above, of the lack of mesh and the inadequate driveway thickness. Those issues are not aesthetic or minor, they relate directly to the overall strength and longev...

8. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...breach of vendor warranty under the sale and purchase agreement? 9. The sale and purchase agreement was not before the tribunal, but the standard ADLS agreement was used for the sale. Accordingly, the law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 10. The standard...

9. [2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd [pdf, 224 KB]

   ...various minimum employment entitlements. [10] The Inspector’s investigation began on 11 June 2020. She spoke with the common director of the companies, Stuart Biggs, on 27 November 2020 to tell him about the existence of the complaints and to request employment records including a list of employees for each company. On 29 November 2020, he sent some information to her relating to the defendant Star Nelson. However, he did not answer the Inspector’s request to provid...

10. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [pdf, 263 KB]

    ...from the respondent’s written correspondence that the respondent gives a different meaning to new, as stated on its website: [brand] products are brand new, box damaged items. This means the product or packaging has been damaged in some way or form resulting in the product not making it to normal retail stores. They have never been owned by anyone prior. We buy all such [brand] products we can source, inspect, test and repair before making them available to you at the lowest prices...