Search Results

1. LI v UC & IC [2021] NZDT 1609 (24 June 2021) [pdf, 210 KB]

   ...that the issue with the engine burning oil was present when UC and IC sold the car as the issues it has do not arise overnight and happen over a period of time. That was the evidence of EM. LI had this problem within days of buying the car. EM conformed that the issue with the engine is unrelated to the oil leak that LI was aware of. EM said it was possible that a car owner could drive the car and not be aware of the problem. CI0301_CIV_DCDT_Order Page 3 of 5 20. It may be that U...

2. LCRO 172/2020 CA v PL (14 October 2021) [pdf, 174 KB]

   ...members of Standards Committees include practitioners who practice in the areas of law under examination and, importantly, lay members. The views of the Standards Committee members cannot be discounted, and in this instance, the Committee has formed the view that Ms PL’s fees were fair and reasonable. [55] I add to that, an observation Ms PL’s discounted rate of $250 per hour charged to Mr CA could be described as ‘more than’ reasonable. Other matters [56] The Committ...

3. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

   ...find that their actions in attempting to lower and adjust poles to fix the flat areas where water was pooling were following instructions given by ND. 13. Having made this finding, I note that UB’s internet research has yielded the further information that only experienced contractors should adjust poles on stretch tents, and that for ND to direct his customers to attempt this themselves was ill-advised and may have contributed to the problems experienced later that evening (althoug...

4. TG v NNI [2022] NZDT 139 (15 September 2022) [pdf, 229 KB]

   ...professional nature and that the CGA applies. This is for the following reasons: a. NNI had posted on social media ‘We are happy to be offering hairdressing services to you … hair colour … expert highlights … to reserve a time or for more information please get in touch with the below number …’ I find that an ordinary person would take these words to mean what they say, and that NNI was offering hairdressing services. In making this finding I have had regard to NNI saying...

5. [2022] NZACC 27 - Alves v ACC (3 March 2022) [pdf, 173 KB]

   ...his claim. She confirmed a supraspinatus partial tear. [10] On 7 July 2020, the Corporation declined Mr Alves’ application for weekly compensation. This was on the basis that there was insufficient clinical evidence to 3 support the requested incapacity being causally linked to the accident event of 17 September 2019. Mr Alves sought a review of that decision. [11] On 13 July 2020, Mr Alves presented to Mr Moore, who provided a report on Mr Alves’ condition. [12]...

6. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

   ...legally binding contract between the parties, in particular did the parties intend to create legal relations between them? 5. A legally binding contract arises when two parties agree about the same thing for an exchange of value, for example the performance of services in exchange for money. If the relationship between the parties is close, for example friends or family, it may be that the parties do not intend a legally binding contract to arise, even where the other elements of a co...

7. 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...

8. 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...

9. 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...

10. 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...