Search Results

1. EN v QN & DN [2023] NZDT 450 (6 July 2023) [pdf, 106 KB]

   ...him paint and if so, is he now required to pay EN $1250.00 in lieu of the paint. The issue to be decided is did QN agree to pay EN by giving him paint and if so, is he now required to pay EN $1250.00 in lieu of the paint. 4 A contract is formed when parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. A contract is binding when the parties agree on clear and certain terms. The terms of a contract define...

2. IM Ltd v HI [2023] NZDT 566 (30 November 2023) [pdf, 106 KB]

   ...payable? c) Are debt collection costs payable? Is HI contractually bound to pay the original invoice? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 6. Although the letter of engagement was not sent until eight days after the initial meeting, it would generally be understood that a law firm would be charging for its services unless...

3. O Ltd v U Ltd [2023] NZDT 586 (7 November 2023) [pdf, 208 KB]

   ...provide services in accordance with the contract? ii. If so, is U Ltd liable to pay the amount outstanding? Did O Ltd provide services in accordance with the contract? If so, is U Ltd liable to pay the amount outstanding? 3. A contract is formed when the parties agree on the terms and conditions. 4. Ms Z, General Manager of O Ltd, states their quote was based on the plans provided which show an area of 90 square metres. U Ltd however has subsequently stated the area is actually...

4. T Ltd v S Ltd [2022] NZDT 219 (30 November 2022) [pdf, 174 KB]

   ...to continue to use T Ltd’s services, this risk was ever-present to T Ltd. In these circumstances, T Ltd cannot reasonably claim loss profit over time. Referee: J.F. Tunnicliffe Date: 30 November 2022 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. MOJ0609-Legal-advice-and-support-Large-Print.pdf [pdf, 443 KB]

   ...Law Centres offer free, confidential, one-on-one legal help. It’s a great starting point if you’re feeling overwhelmed or don’t know what to do. In some cases, they may also be able to give ongoing legal support. Need help filling out forms? Citizens Advice Bureau can help you find information and fill out forms. Their services are free. They can’t give you legal advice. Freephone Citizens Advice Bureau on 0800 367 222. Contact your local Community Law Centre:...

6. MOJ0546_SEP21_WEB.pdf [pdf, 47 KB]

   ...N 24 You need to apply within one year of your divorce or within three years from the end of your de facto relationship. You can ask the Court for permission to file after this deadline. It costs $770 to apply. You can download the application forms from justice.govt.nz/family/separation-divorce/ divide-relationship-property. Or call us on 0800 268 787 and ask us to send the forms to you. Or you can visit your local court and ask for the forms. What happens after you file your applica...

7. KI v MA [2023] NZDT 385 (23 August 2023) [pdf, 92 KB]

   ...this was to be paid on the moving date. However, as the applicant did not pay the bond, no consideration for the contract was paid before the respondent withdrew the offer. c. The parties had not reached a state where both parties had intended to form legal relations on clear and certain terms. If so, did either party breach the contract? 8. As I do not find that there was a contract between the parties, there is no need for me to consider this issue. What payments, if any,...

8. KL v LT [2023] NZDT 244 (26 June 2023) [pdf, 196 KB]

   ...contract. For a contract to come into existence the elements of a simple contract must exist. The relevant elements are offer, acceptance, consideration (an exchange of values), and an intention to create a legal relationship. 5. A contract can be formed in writing or verbally. It is always easier to make a finding about what parties have agreed when they have put their agreement in writing. 6. KL says that in the period from 2016 to 2022 he advanced money to LT as an interest fr...

9. GE v G Ltd [2024] NZDT 672 (19 August 2024) [pdf, 114 KB]

   ...was responsible for the loosening the crox nut or that defects in G Ltd’s workmanship caused the leak, I conclude that the claim must be dismissed. Referee: E Paton-Simpson Date: 19 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 re...

10. KT v DX [2024] NZDT 593 (28 August 2024) [pdf, 172 KB]

    ...acknowledges that DX was not involved in any conversations with her about the loan of the money, although she says DX was aware of it and there is a written statement CI0301_CIV_DCDT_Order Page 2 of 3 from UT to that effect. The agreement was formed though in a verbal conversation that only KT and UT were party to. 9. The two loan amounts were paid by bank transfer to UT’s account (KT points out the couple did not have a joint account) with the reference ‘To UT’. There was...