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1. FU v IX [2024] NZDT 527 (2 August 2024) [pdf, 183 KB]

   ...Conclusion 15. In light of these findings, it is not possible to address the final issue of compensation for the applicant, and the claim must be dismissed. Referee: J Robertshawe Date: 2 August 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. Karaitiana v Seager - Wharetoto 9 Balance Trust (2024) 494 Aotea MB 275 (494 AOT 275) [pdf, 209 KB]

   ...provided their views on the lease issue. Subsequently, Tokoahu Karaitiana sent an email to the court claiming that he and Harvey Karaitiana had no confidence in me, regarding my ability to hear and determine the lease issue. I took this email as a request that I should recuse myself and now provide my reasons confirming that there is no basis for recusal. Te Horopaki Context [3] As mentioned above, I heard and disposed of the rehearing application made by Tokoahu and Harvey Kar...

3. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...rather than being intentional, because s 35 includes innocent misrepresentations. However, the difference might not be all that significant given that the car had done nearly 197,000 km at the time of sale. 9. More importantly, I consider that the former statement qualified as a misrepresentation because it was only partly true, and omitted important information about the most recent service, which was in January 2023. The courts have held that that a half-truth, which is literally true...

4. QN v CI & EN [2024] NZDT 472 (4 June 2024) [pdf, 198 KB]

   ...having received the loan funds more than a year ago. If so, what remedy is appropriate? 13. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. However, parties are allowed to agree on a remedy as part of their contract. 14. In this case, it was agreed that if no repayments were made QN was entitled to the car that had been brought with the proceeds of the loan. The diff...

5. KE v JM [2024] NZDT 332 (29 April 2024) [pdf, 197 KB]

   ...words ‘pure-bred’ means in relation to the genetic make-up of a dog. I have considered the evidence presented from an internet source that a ‘purebred’ is anything over 87.5% however I am unable to place weight on this as the source of this information is unverified. b. I had adjourned the first hearing to allow the parties to an opportunity to provide information from a verified source as to what ‘purebred’ means, however neither did so. In the absence of any other i...

6. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...to compensation and if so, how much. Has TD misrepresented the fridge? 7. A seller may not misrepresent an item for sale. A misrepresentation is: a statement of face, by one contracting party to another, before or at the time the contract is formed, that induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is work...

7. FD v HO & MO [2024] NZDT 558 (29 July 2024) [pdf, 189 KB]

   ...parts required to prove a mistake and be entitled to a remedy could not be met. 12. Because the applicant has not proved the claim, I must dismiss the claim. Referee: C Murphy Date: 29 July 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...

8. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 KB]

   ...pay more than the sum claimed in order to have that work completed, ND’s claim cannot succeed. Referee: C Hawes Date: 22 October 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...

9. Braniff – Motatau 2 Section 52B (2015) 111 Taitokerau MB 299 (111 TTK 299) [pdf, 196 KB]

   ...Sharon is to be appointed as the sole trustee of the trust. Sharon and all of her siblings are to be the tupuna of the trust. As such, the trust will be for the benefit of all of Mate’s descendants. [5] In support of the application consent forms were filed which have been signed by all of Mate’s children. Each of those consent forms state: 1 29 Bay of Islands 221 (29 BI 221). 111 Taitokerau MB 301 … I agreed...

10. LQ Burgess 28 June 2014 NZSHD 9 [pdf, 44 KB]

    ...Objection noted that the applicant was due to appear next to answer the charges before the Waitakere District Court on 26 May 2014. [8] On 22 April 2014 the applicant wrote to the Authority. In her letter she said “I wish to lodge an appeal and request a hearing to have this matter adjudicated”. The Authority took this to mean that the applicant was requesting a hearing in person before the Authority pursuant to s.26(1) of the Act. [9] In a Minute dated 26 April 2014 the Authori...