Search Results

1. BN v AW [2020] NZDT 1480 (8 October 2020) [pdf, 193 KB]

   ...timber fence. However, the purpose of the fence at the time it was built would have been to demarcate the boundary, and to contain small children and dogs (being those that would not leap a 1.1m fence). A fence at that height would not provide a form of security, but regardless of the height, anyone could enter off the street. The fence also does not provide much of a visual screen, being low by modern standards, but the fence at the time was in keeping with the surrounding area and was...

2. ZG Ltd v C Ltd [2019] NZDT 1506 (12 September 2019) [pdf, 184 KB]

   ...truthfulness of the Customer’s … statements….” 2. In January 2018, C Ltd applied via ZG’s Online Application Centre to finance the sale of a car to WS. On 17 January 2018, ZG returned the result “Approved with no recourse. Based on information supplied, subject to due diligence and the terms of your dealer agreement” and subject to a list of conditions including provision of specific information and documents. On Monday 22 January, ZG could not contact Mr WS’s employer du...

3. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...failed to comply with all laws and legal requirements. 7. DR and his witness [Witness 1] of [Structural engineering company 2] both expressed the view that it was a “grey area” whether consent was needed. Even if that is so, DR should have informed TH that it was a grey area whether he could legally do the work without a building consent. The reason he gave for not informing her was that he assumed she already knew, because she had “done all her homework”. He claimed that she ha...

4. DC v T Ltd [2018] NZDT 1401 (7 May 2018) [pdf, 208 KB]

   ...“not sure” or was not convinced of whose signature it was. b. SZ is correct that in his capacity as shareholder JH would not have been in a position to bind the company. However JH had more than one capacity. He was listed in the Exposition, a formal document certifying certain important matters of safety and responsibility to the Civil Aviation Authority, as both the Flight Operations Manager, and the Check and Training Manager. As Flight Operations Manager, according to paragra...

5. UQD Ltd v KN [2020] NZDT 1415 (30 September 2020) [pdf, 225 KB]

   ...similar age van with the additional components of LPG, campervan fitout and towbar (or even one of these things except for perhaps a towbar). For the fuel system to be LPG rather than petrol is pertinent because NH explains that he had intended to perform a hydrogen conversion on the vehicle which can be done from LPG but not from a petrol fuel system. He also preferred the fuel efficiency of LPG. 10. This means that the most straight-forward and cost-effective way for UQD Ltd to be r...

6. KI v KW [2019] NZDT 1414 (13 May 2019) [pdf, 106 KB]

   ...reasons that lay within the responsibility of KI. Did this entitle KW to cancel the contract, and if so, when was the cancellation effective? 13. A right to cancel arises where one party repudiates the contract by making it clear they will not perform it (s36 Contract and Commercial Law Act 2017 (CCLA)), or if there is a breach of an essential term (s37 CCLA). 14. There was insufficient evidence of a repudiation by KI for the following reasons: (a) Once the failure of the fir...

7. RT Ltd v LC [2020] NZDT 1413 (27 July 2020) [pdf, 193 KB]

   ...responsible for arranging the removal of the clamp and in the process of doing so caused damage to the clamp. CI0301_CIV_DCDT_Order Page 3 of 4 Is RT Ltd entitled to claim debt collection fees and an administration fee? 13. A contract is formed when two parties agree to exchange something of value. Both parties must agree the essential terms of the contract. 14. NU, for RT Ltd, states that the notice includes that those parking accept his company’s terms and conditi...

8. LE v ON [2021] NZDT 1691 (20 December 2021) [pdf, 221 KB]

   ...of the multiple versions of events) that the couple simply kept it for themselves, which has caused quite some bad blood between the parties. 12. This led to the involvement of a police officer and in an email to LE, he wrote “based on the information you have received and my conversation with your neighbours, in short the female party has obviously accepted the courier package, however after discovering it wasn’t meant for them, the female’s partner has come home and been inform...

9. WO v KU [2021] NZDT 1676 (20 December 2021) [pdf, 201 KB]

   ...not entitled to claim $18,087.00. Accordingly, the claim is dismissed. Referee: L Fuli 1 Balfour v Balfour [1919] 2 KB 571. CI0301_CIV_DCDT_Order Page 3 of 4 Date: 20 December 2021 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 reh...

10. IN v SU [2021] NZDT 1652 (12 July 2021) [pdf, 161 KB]

    ...SU said he would get a warrant of fitness and if the car did not pass, he would either lower the price or repair it and deliver it to IN the following week. The parties agreed IN could either pay in cash or by bank transfer. 14. Based on the information before me I find there was a clear offer and agreed terms. This element of the contract is met. If there was an offer, was there any acceptance? 15. The terms of any acceptance must be clear. 16. Based on the evidence before...