Search Results

1. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...granted jurisdiction to hear and determine such claims. Such a claim is therefore outside of the jurisdiction of the Disputes Tribunal. (In addition, the wrongfully placed structure has already been removed.) 14. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at wha...

2. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [pdf, 224 KB]

   ...guarantee of acceptable quality. 15. For these reasons, that $595.00 part of the claim does not succeed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Date: 15 January 2021 CI0301_CIV_DCDT_Order 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...

3. DE v FX [2017] NZDT 1381 (7 February 2017) [pdf, 199 KB]

   ...the sculptures were worth $3,500 each. On the other hand, FX obtained an estimate of $500 to $1,000 from JBD or $1,400 to $1,800 from BP. 15. Despite hearing evidence from the parties regarding the experience of the different valuers and the information or assumptions on which their valuations were based, it remains unclear which valuation is most accurate. Given the large element of uncertainty in valuing an art work, I have simply taken a rough average of the estimates obtained by eac...

4. HG v ET [2020] NZDT 1411 (1 July 2020) [pdf, 117 KB]

   ...against BW is withdrawn. Reasons CI0301_CIV_DCDT_Order Page 2 of 4 1. On 23 January 2020, four vehicles were involved in a nose-to-tail incident on [highway]. 2. At the point where the incident occurred, a stationary queue of traffic had formed on the road. HG, driving a [car], (referred to as “Driver A”) arrived at this queue, and was able to stop short to avoid hitting the car in front of him. However, ET, who was driving a car owned by IK of TQ Ltd, was travelling b...

5. Auckland Standards Committee 2 v Nguy [2021] NZLCDT 26 (21 October 2021) [pdf, 117 KB]

   ...and employees of the New Zealand Law Society were properly appointed. Mr Nguy had a professional obligation to assist them, to provide documents and files. He failed or neglected to do so. This constituted an ongoing failure, against repeated requests. The relevant defaults ran from 9 February 2021 to 2 June 2021. [8] The evidence supporting this charge is not answered by Mr Nguy. [9] Mr Jones QC wonders why, in circumstances where Mr Nguy was bound to be struck off, the addi...

6. HM and X Ltd v TM [2021] NZDT 1638 (6 July 2021) [pdf, 201 KB]

   ...policy) should pay TM 60% of the damage that his vehicle suffered, if in fact it suffered any, in the collision that was the subject of this claim. Referee: C Hawes Date: 6 July 2021 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...

7. DI v Trustee X [2022] NZDT 114 (8 August 2022) [pdf, 125 KB]

   ...director of the company. The sum was advanced to the Trust as a loan and deposited by their solicitor directly to the Trust’s account on 12 January 2009. 2. BK and ON were married in April 2007 and separated in April 2018. The Q Trust was formed in 2008 with Trustee X operating as the independent trustee since its inception. 3. In October 2021 CJ and DI made a demand for the repayment of the loan of $20,000. CJ said he and his wife had for many years loaned money to their ch...

8. BD Ltd v QC Inc [2022] NZDT 162 (10 October 2022) [pdf, 132 KB]

   ...boxes in the building to the letterbox of the newly appointed Commodore, UM. 5. BD Ltd’s invoice to QC Inc for the Manager’s fee and catering services amounting to a total of $662.50 was not paid, on the basis that BB had failed to provide information and services required by QC Inc and, as a result QC Inc has incurred cost and spent time resolving matters. Since lodging this Tribunal claim, QC Inc has paid $162.50 for catering services. BD Ltd seeks payment of the $500 monthly fe...

9. TG v ES Ltd [2023] NZDT 11 (6 April 2023) [pdf, 99 KB]

   ...above, claims that it has provided extensive documentation to both the applicant and the Tribunal including evidence of the costs charged including the variations. The respondent submits that it cannot be expected to micromanage cost reporting and the information supplied is sufficient to prove its claim for payment. [9] The respondent admits there have been cost overruns but claims this is due to the very difficult building environment over the last few years and the variations requeste...

10. Elkadi v Accident Compensation Corporation (Late Filing Leave to appeal) [2023] NZACC 5 [pdf, 158 KB]

    ...declining funding for IPL treatment, and the Corporation’s decision of 8 August 2022 declining cover for meibomian gland disease. [2] On 5 January 2023, Judge Spiller issued an Initial Minute which directed that by 26 January 2023, Mr Elkadi formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. 2 [3] On 8 January 2023, Mr Elkadi submitted that the appeal was filed late because of the following circumstances. His first...