Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. DD v QX [2022] NZDT 239 (2 December 2022) [pdf, 206 KB]

   ...parties’ loss valuation evidence is $1,382.50. The Respondent’s 60% fault contribution puts her portion of the Applicant’ loss at $829.50. Referee: L. Mueller Date: 2 December 2022 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 fo...

6. EX v TY [2022] NZDT 273 (16 December 2022) [pdf, 113 KB]

   ...of probabilities that TY has not breached the guarantees under the CGA, and EX is not entitled to claim a refund of $3,925.10. Accordingly, the claim is dismissed. Referee: L Fuli Date: 16 December 2022 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 rehe...

7. QU v LG [2023] NZDT 775 (18 December 2023) [pdf, 194 KB]

   ...lame’. QU believes this is evidence that [The horse] was not suitable for show jumping on 6 January 2022. LG’s view is that mechanical lameness does not prevent a horse from show jumping, rather that is a description of a gait that does not conform to the usual but is not associated with any pain. I prefer LG’s view for the following reasons: a. It is supported by the description of mechanical lameness in the online MSD Veterinary Manual. b. It is consistent with the [Veter...

8. EC v ST [2024] NZDT 37 (23 February 2024) [pdf, 211 KB]

   ...accident valuation of the vehicle, and evidence to support the value of the wreck. This evidence was supported by the evidence of NO who represented BC Limited. Referee: R Merrett Date: 23 February 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...

9. NC v GT Limited [2024] NZDT 39 (26 February 2024) [pdf, 210 KB]

   ...that was misleading or deceptive, or bait advertising, I do not need to consider this question. 12. For the above reasons the claim is dismissed. Referee: L Thompson Date: 26 February 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...

10. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

    ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...