Search Results

1. KQ v UN [2023] NZDT 127 (10 May 2023) [pdf, 104 KB]

   ...factor is the respondent’s ‘offer’ of a refund subject to this dog being returned, and re-homed. That is something the applicant rejects (he wants to keep the dog, but get his money back) obviously because of the emotional attachment that has formed. When a good supplied is an animal, the blunt, possibly even harsh, reality is that it is open to the owner of that good to, so to speak, draw a line under the prospect of continuing costs. If an owner of an animal chooses not to do that,...

2. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...the amount that she should have paid to have the cabin built to an acceptable standard. e. IT is not obliged to pay CV. f. CV’s claim is dismissed. Referee: Nicholas Blake Date: 31 July 2023 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 reh...

3. ED v UQ [2023] NZDT 305 (19 June 2023) [pdf, 205 KB]

   ...in had the representation regarding the horse’s condition been true, she is entitled to claim $2,060.47 in damages. Accordingly, this amount is awarded. Referee: DTR Fuli Date: 19 June 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 rehe...

4. SS & YO v SR [2024] 36 (29 February 2024) [pdf, 196 KB]

   ...the current claim. 31. For these reasons I find the claim is partially proved and the respondent is to pay the applicant the sum of $5,374.08. Referee: K Johnson Date: 29 February 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 a re...

5. NT v T Ltd & L Ltd [2023] NZDT 724 (13 December 2023) [pdf, 187 KB]

   ...that one of the possible consequences of not paying for parking was the towing of his vehicle. 9. I accept NT intended to pay but was having difficulty downloading or accessing the app. However, as L Ltd said, it is unable to ascertain that information without some communication from the owner. It said if NT had rung the 0800 number to tell them he was having difficulty, his car could have been placed on the “no-tow” list. NT accepted he had seen the 24 hour phone number to call...

6. V Ltd v BS [2023] NZDT 695 (8 December 2023) [pdf, 154 KB]

   ...a personal guarantee he would reimburse V Ltd for any ‘clawback’ paid to [insurance company], which is not enforceable because it is not compliant with s27(2). 8. A personal guarantee is a binding undertaking someone gives to guarantee performance of a party to a contract of which the party giving the guarantee is not a contracting party, and which is enforceable against the guarantor by the other party to the contract. If the contract between [Insurance Company] and V Ltd was si...

7. TT v UN [2023] NZDT 439 (21 September 2023) [pdf, 160 KB]

   ...the hearing are not able to be awarded by the Tribunal, except in particular circumstances which do not apply here. The counter-claim is therefore dismissed. Referee Perfect Date: 21 September 2023 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 r...

8. KA v L Ltd [2023] NZDT 297 (31 July 2023) [pdf, 197 KB]

   ...cosmetic work. However, the parties had in fact reached an agreement about price, and KA had already received the report, by the time that he paid the $2,500.00. PI had agreed to do his best to ‘tidy up’ the cosmetic issues, but PI had already informed KA that he would not put that commitment in writing because it would not be possible to accurately state what standard L Ltd was obliged to bring the vehicle to. d. It is not proven that PI ‘pressured’ KA into paying the depo...

9. NQ & TQ v WQ [2023] NZDT 360 (24 July 2023) [pdf, 106 KB]

   ...document or his bank records and if it that was incorrect, then it would be normal to expect an objection to be raised to that by WQ. g. It was suggested that WQ was previously used to dealing with payments by way of cheque in [country] and this form of advance was unknown to him and he did not read it or understand it. I find this suggestion unlikely. It is the transfer of a substantial amount of moneyback in 2005 and is the only record of it. It is reasonable and more likely than n...

10. TO v ZY & M Ltd [2023] NZDT 276 (1 August 2023) [pdf, 201 KB]

    ...activity caused him any loss and homeowners can expect to maintain their driveway without pay. Referee: Hannan DTR Date: 1 August 2023 1 Nuisance is a tort. 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 re...