Search Results

1. EM & MM v QQ & Ors [2024] NZDT 675 (11 July 2024) [pdf, 215 KB]

   ...section from the respondents, QQ and SS. The applicants claim that the respondents were in breach of two provisions of the sale and purchase agreement, and claim compensation for their resulting losses. [2] The agreement was in the standard [redacted] form. The clauses that the applicants claimed were breached by the respondents were cll 6.1 and 7.1. These state, so far as is relevant: 6.1 The vendor shall not be bound to point out the boundaries of the property except that on the sa...

2. WT v DX [2024] NZDT 796 (26 November 2024) [pdf, 190 KB]

   ...recoverable? 17. In the absence of any representations made about N’s health, the purchase is a situation of “buyer beware” and costs are unable to be awarded. Referee: CD Bennett Date: 26 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...

3. T Ltd v EH & Ors [2024] NZDT 789 (6 October 2024) [pdf, 183 KB]

   ...cross notice. Such notice was not given and T Ltd is not entitled to a contribution from its neighbours, the H’s. For these reasons I must dismiss the claim. Referee: C Murphy Date: 6 October 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...

4. CU & OU v DX & Ors [2024] NZDT 790 (28 September 2024) [pdf, 205 KB]

   ...Council drainage system. In this situation I make the observation that such an easement is a right to drain stormwater and is not an obligation to do so. Referee: C Murphy Date: 28 September 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...

5. 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...

6. 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...

7. 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...

8. 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....

9. 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...

10. 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...