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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. [2025] NZSSAA 03 (23 January 2025) [pdf, 84 KB]

   ...hospitalised for three days due to concerns about a possible concussion. The doctors advised him to take two weeks of rest to recover and ensure there were no complications. 6. On 17 October 2023, XXXX informed the Ministry of his hospitalisation and requested continuation of his SLP payments. He provided medical documentation as requested by the Ministry, though this required multiple visits to the hospital to obtain the necessary paperwork. 7. The Ministry declined XXXX’s requ...

7. BR & SR v LD & BD [2023] NZDT 740 (4 December 2023) [pdf, 212 KB]

   ...for naturally occurring stresses are not really able to be compensated. 16. As a result of my findings both the claim and the counterclaim are dismissed. Referee: M Wilson Date: 4 December 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. 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...

9. 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...

10. Auckland District Law Society v Mathias [2010] NZLCDT 10 [pdf, 42 KB]

    ...continued over a period of some six years. As pointed out in the submission filed on behalf of the New Zealand Law Society the misconduct covers the spectrum of improper conduct in which a solicitor can engage. A list of the specific behaviour which forms the basis for the charges is set out in the summary of facts which has been filed by the Society and accepted by Mr Mathias himself. We consider it proper, given the background to this offending and the large number of complaina...