Search Results

1. LQ v PO Ltd [2019] NZDT 1435 (15 March 2019) [pdf, 99 KB]

   ...the outdoor unit had been connected existed as a fact at that time. 11. There is therefore no new cause of action to answer and the claim is struck out. Referee: Johanna Perfect Date: 15 March 2019 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 or a mistake was made. If you wish to appl...

2. [2022] NZEmpC 35 Courage v Attorney-General [pdf, 225 KB]

   ...circumstances, when it is in the interests of justice to do so. [7] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the o...

3. NU v TE [2020] NZDT 1402 (25 November 2020) [pdf, 94 KB]

   ...NU’s loss? Did TE misrepresent the condition of the vehicle prior to or at the time of purchase? 3. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious,...

4. SH v NS [2022] NZDT 102 (26 August 2022) [pdf, 196 KB]

   ...of the FTA, I find that SH is entitled to have her deposit refunded. 13. An order is made that NS is to pay $4,000.00 to SH by the date in the order. Referee: P Goddard Date: 26 August 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 reh...

5. BD v U Ltd [2022] NZDT 232 (10 November 2022) [pdf, 179 KB]

   ...requirement that the vehicle must “securely locked when unattended”. 8. Both parties participated in the telephone hearing on 31 October. NS represented U Ltd. 9. It is not disputed that the “securely locked when unattended” requirement forms part of the policy that BD holds with U Ltd. The policy states “if you do not comply with your responsibilities under this section, we can decline any claim (and recover any claims payment already made)”. 10. It is not disputed...

6. IPT Application Pack V2 [docx, 38 KB]

   ...judicial decisions 1. Proven ability to write in a concise and cogent manner 1. Experience in a decision-making role and/or in working within a statutory framework 1. Ability to conduct case management conferences and determine adjournments and other requests 1. Ability to work with new and emerging technology to enhance access to justice 1. Ability to cope with stressful situations and potentially disturbing information 1. Mature outlook and the ability to assess human nature accurately Decis...

7. BC v ND [2022] NZDT 207 (23 November 2022) [pdf, 107 KB]

   ...and the date of the making of the order”. That is, the Disputes Tribunal does not have the ability to order interest to accrue beyond the date of the order. Referee Perfect Date: 23 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...

8. BORA-advice-Insurance-Contracts-Bill-PUBLISHED.pdf [pdf, 248 KB]

   ...remedies exist for breach of duty, including in the handling of claims; c. requires consumer insurance policies to be clear and in plain language; d. addresses some long-standing technical issues with insurance law, including: i. rules around information provided by policy holders to insurance intermediaries; ii. the operation of exclusions which are not causative of loss; iii. the ability to claim against an insurer when the policy holder is insolvent; iv. rules around time limi...

9. DG v B Ltd [2024] NZDT 253 (26 March 2024) [pdf, 91 KB]

   ...However I find it likely that Consumer NZ has reasonable grounds for its view as it is an independent, non-profit organisation in CI0301_CIV_DCDT_Order Page 2 of 3 New Zealand that has been operating since 1959 well-known for its research on the performance of consumer items. 6. I have also considered B Ltd’s view that four years three months is a reasonable lifespan for the logic board in a [laptop]. However it was not able to offer any information to support its view, or pro...

10. 2024-06-24-Notice-of-Hearing-Strain-WEL.pdf [pdf, 238 KB]

    ...Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court will consider any requests to: (a) Withdraw proceedings (b) Adjourn (postpone) hearings to a later date (c) Approve settlements agreed to all by the parties The Court will then decide the order in which the proceedings will be heard during the hearing...