Search Results

1. QN v C Ltd [2022] NZDT 209 (22 May 2022) [pdf, 216 KB]

   ...the applicant did get out of the respondent’s work before the paint began to fail as it is not possible to quantify this amount on the evidence put before me. Referee: Hannan DTR Date: 22 May 2022 Page 5 of 5 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...

2. HD v NU [2023] NZDT 118 (9 March 2023) [pdf, 201 KB]

   ...was found they were fully blocked with tree roots and sludge and could only be replaced. The system was old and could now only be replaced with a new compliant system. 3. HD claimed for the cost to replace the septic tank system and the work performed to investigate the fault. 4. The issues to resolve the claim are: (a) Was the wastewater system in reasonable working order? (b) What loss can HD prove she is entitled to be compensated for? Does the proposed reinstatement pl...

3. KQ & LT v SG [2023] NZDT 287 (13 June 2023) [pdf, 234 KB]

   ...unwillingness to participate in the hearing process. 5. The Tribunal’s usual process of contact with a respondent also asks a respondent to provide details of any insurance cover they hold which may affect the claim. The Tribunal notes no information has been provided by SG. This is despite KQ and LT indicating there had been some initial discussion with SG’s insurer, but they say after initial contact there has been no further response or activity. 6. The Issues to be resolved...

4. DI & KB v G Ltd [2023] NZDT 375 (14 August 2023) [pdf, 197 KB]

   ...the heat pump, on the basis that a heat pump should have been included as part of the inclusions for the [model 1]. The Applicants make their claim against G Ltd under the Fair Trading Act 1986 (“the FTA”) on the basis that the advertising information that G Ltd provided to them about what was included as part of a [model 1] tiny home build was misleading, and they believed that they would receive a heat pump as part of the build in the First Quote. 4. The claim was heard by telec

5. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   ...unconsented works on the property. She obtained a pre- purchase builders report from T of D Joiners & Builders. Under the heading “waste water system”, T wrote: “A septic tank located adjacent to the dwelling has been constructed of in-situ formed concrete and is of a size capable to deal with the size of dwelling and the amount of kitchen and bathroom facilities. This tank appears to be vented correctly. An adjacent inspection cover reveals another settling tank or soak pit...

6. ML Ltd & PQ v ST & NT [2024] NZDT 534 (1 October 2024) [pdf, 239 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

7. DQ v OR & SN [2024] NZDT 879 (19 August 2024) [pdf, 261 KB]

   ...the estate, and if so, how much? b. If so, is there any question of limitation that may prevent an order for payment of that debt now? Is DQ able to show that there is a debt owed to her by the estate, and if so, how much? 4. A loan is a form of contract. It does not need to be in writing to be enforceable. However, to create an enforceable agreement between the parties there must be a clear meeting of the minds, meaning that both parties intended that a legally binding relatio...

8. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...with a pre-accident valuation of $120,000.00. Mr XT sold the vehicle for $70,000.00, leaving a shortfall of $50,000.00. It said it was entitled to recover the repair cost (the amount it paid out). 15. On 10 May 2022, B Ltd provided Mr TT with information from the assessor and offered a settlement. 16. On 13 June, Mr TT replied: Without prejudice B Ltd initial email May 31st 2021 which I took offense to, which took on a deceptive flavour. The email received is not factual and bor...

9. H Ltd v NB [2024] NZDT 843 (20 December 2024) [pdf, 118 KB]

   ...areas. If NB had been advised that these slabs had a more than average amount of fill, that the fill could not be successfully dyed, and that the fill areas were likely to be visible in prominent areas in the finished benchtop, NB could have made an informed decision about whether to proceed or to choose different slabs. c. H Ltd should have explained to NB that with the limited materials available they could not achieve the ‘waterfall’ finish and therefore she should think about w...

10. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

    ...commercial and are fully acceptable from a quality perspective. For bottles of this shape, variation in thickness will commonly present within the ‘base’ and ‘sidewall’ of the vessels. This is a common occurrence due to the “blow and blow’ forming process used to manufacture the bottles, coupled with the horizontally aligned shoulder and rectangular shape (which provide additional manufacturing challenges in themselves). Being made of the high quality ‘super-flint’ glass d...