Search Results

1. LB v MX & BJ Ltd [2024] NZDT 281 (22 February 2024) [pdf, 179 KB]

   ...of mistake would have been made in this circumstance. 10. Therefore, it is not necessary to consider the second issue and the claim is dismissed. Referee: Sara Grayson Date: 22 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...

2. U Ltd v J Ltd [2024] NZHDT 88 (30 January 2024) [pdf, 99 KB]

   ...not entitled to withdraw from the contract without J Ltd’s agreement. As J Ltd said in the hearing, it could have chosen to sue U Ltd to complete the purchase. 8. U Ltd attempted to cancel the contract in July 2023 and rather than suing for performance, J Ltd accepted that the contract with U Ltd was over. This means that the contract between U Ltd and J Ltd has been cancelled. 9. Section 42 of the Contract and Commercial Law Act 2017 (CCLA) says that when a contract is cancell...

3. DE & XE v SC [2024] NZDT 71 (15 January 2024) [pdf, 194 KB]

   ...$1,000.00 that they are claiming. 20. The claim is proven. 21. DE and XE remain the owners of the vehicle and they may dispose of it as they see fit. Referee: Nicholas Blake Date: 15 January 2024 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...

4. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

   ...2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored in an upright position but did not understand that this was be

5. NM & S Ltd v PT [2023] NZDT 679 (29 August 2023) [pdf, 186 KB]

   ...the second roof at cost was concluded; and iii. I did not find that the recordings of conversations between NM (who has left the company) and PT in December and January well after the quote had been accepted, and also after the work had been performed, favoured PT’s position. Instead, I found the essence of those conversations and comments such as “just say [NM] said will do both sides …. won’t have to pay any more” presented as collusion between the two, in an effort to get...

6. HE v QZ [2023] NZDT 372 (18 January 2023) [pdf, 211 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 a. The job progressed satisfactorily in 2018. The slab and foundation were signed off by the local council. The framing was also signed off after some remedial work. b. In or around December 2018, HE’s architect, Mr N, informed him that there would be changes to the plan. c. When he returned to the site in January 2019 he found that an internal wall had been built in the garage by unknown persons. d. He carried out only minor work in...

7. LS v BI [2023] NZDT 382 (13 September 2023) [pdf, 181 KB]

   ...of 21 April (‘machine and fit 1 x spark plug helicoil, run up engine and clear ECU of faults’) $273.66. This is a total of $388.66. Referee: G.P.Rossiter Date: 13 September 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...

8. EO v D Ltd & MQ [2024] NZDT 532 (5 July 2024) [pdf, 204 KB]

   ...pay EO the sum of $1416.00 on or before 26 July 2024. Reasons: 1. D Ltd held a New Years Eve event at its restaurant [at location]. SH, D Ltd’s’s Hospitality and Marketing General Manager, contacted EO with a request for his [band] to perform at the event. EO and SH agreed a price and number of sets over a series of emails. D Ltd then paid a deposit to confirm the booking. The band performed at the event and invoiced for their attendance. D Ltd challenged the invoice and has made...

9. IJ v BS [2024] NZDT 645 (17 October 2024) [pdf, 191 KB]

   ...able to wander onto IJ’s property, in the absence of any evidence from BS about how that happened, raises the inference of negligence. b. L did not have the containment collar on when the incident happened. Again, in the absence of any other information it is reasonable to infer that this is due to a lack of reasonable care by BS. c. Even if N went onto BS’ property before the attack, this is irrelevant in terms of BS’ legal liability for any type of damage caused by L.

10. BL v E Ltd & UFH Ltd [2024] NZDT 655 (15 July 2024) [pdf, 218 KB]

    ...https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312810#DLM312810 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312813#DLM312813 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312816#DLM312816 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 n...