Search Results

1. EB v T Ltd [2024] NZDT 328 (21 May 2024) [pdf, 98 KB]

   ...accepted two settlement packages on clear terms of finality, this further claim is vexatious and an abuse of process. [12] For those reasons, EB’s claim is struck out. Referee: C Hawes Date: 21 May 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...

2. TI v HQ [2024] NZDT 897 (18 November 2024) [pdf, 182 KB]

   ...the amount claimed is reasonable and should be paid in full. 13. J Ltd has provided an invoice for the replacement awning and HQ has not challenged the amount. Referee: G R Meyer Date: 18th 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 rehe...

3. GX v J Ltd [2024] NZDT 641 (3 September 2024) [pdf, 211 KB]

   ...have a policy for Roadside Assist for this vehicle, and as he did not incur the cost of the tow in reliance upon any advice or representations of J Ltd. Referee: DTR Edwards Date: 3 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...

4. MM v UN Ltd [2024] NZDT 668 (22nd July 2024) [pdf, 215 KB]

   ...regarding the damage. However, the carrier did not produce its phone recordings of the conversations after the move, so I draw an adverse inference that the evidence of these recordings would be likely to have supported the owner’s claim that she informed the carrier of the damage by phone. 10. The terms and conditions required written notice of insured damage within 24 hours, but the context suggests that this limitation only applies to damage caused by the vehicle being involved in...

5. NS v BX [2024] NZDT 787 (14 August 2024) [pdf, 193 KB]

   ...sale, and as reflected in the sale price negotiated/ accepted… Both parties agree that BX did provide NS with a copy of the invoice from [Mechanic 1] who carried out the gear box replacement. However, the parties disagreed on whether NS was informed prior to the purchase that the car had been returned to [Mechanic 1] for a period of five months due to issues with the gear box. BX admitted during the hearing, that [Mechanic 1] advised him that during the five month period the gear b...

6. XX v ND [2024] NZDT 749 (16 November 2024) [pdf, 100 KB]

   ...paid the amount owing on the car in full, and was he entitled to sell it? c. Is XX entitled to $850.00 as claimed, or to any other sum? What car repayments have been made by ND to XX? 5. Under contract law, 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, and what was agreed is looked at objectively, i.e., by looking at...

7. OT v KI [2024] NZDT 385 (3 May 2024) [pdf, 180 KB]

   ...exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. The sum payable is therefore $2,974.48. Referee: E Paton-Simpson Date: 3 May 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 reh...

8. 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...

9. 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...

10. 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...