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1. CC Ltd v SH [2020] NZDT 1548 (3 August 2020) [pdf, 99 KB]

   ...sum, if any, is payable between the parties? Was the capping layer constructed to an acceptable standard? 4. 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. In this instance, the parties formed a verbal contract. While no particular standard of work was specified, I find that it was an implied term that the work would be done to a reasonable...

2. QT v T Ltd [2023] NZDT 188 (22 June 2023) [pdf, 139 KB]

   ...car at the time of the breach, and so the owner of the car will be a party to the contract. 10. In this case, however, because QT can prove that he was elsewhere when the car was parked in the car park, he is not a party to the contract that was formed when the car entered the car park. The parties to the contract are the owner of the car park and the driver of the car. 11. T Ltd says that QT as the owner of the car is bound by the terms and conditions of the car park, even thoug...

3. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

   ...fertiliser and travel were not counterclaimed for and so this is my best assessment to provide an outcome that meets the substantial merits and justice of the case. Referee: J Savage Date: 14 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 reh...

4. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...encountered difficulties starting the Car; with battery reliability; and with dashboard warning lights appearing. I accept ML’s evidence she obtained an initial diagnostic check some 5 days after purchase, which indicated a range of faults. This information was passed onto KD, however after some initial assistance, KD stopped responding to messages. ML sought legal advice and obtained a more detailed diagnostic report from DI. This noted cylinders misfiring and the need for alternato...

5. VN v SC Ltd [2022] NZDT 240 (23 November 2022) [pdf, 102 KB]

   ...VN and SC Ltd? (b) Did SC Ltd fail to complete its obligations under the contract? (c) Is SC Ltd liable to pay VN all or any part of the amount claimed of $6,000.00? What were the terms of the contract between VN and SC Ltd? 4. A contract is formed when there is offer and acceptance, there is consideration from both parties, and the parties intend to be legally bound. The rights and obligations of each party arising under the contract are set out in the terms of the contract. 5. VN�...

6. HZ v X Ltd [2023] NZDT 21 (14 March 2023) [pdf, 184 KB]

   ...a charge up rate of $65.00 per hour and the price charged by X LTD was reasonable. Therefore, HZ is ordered to pay the full amount of the X LTD invoice. Referee: Sara Grayson Date: 14 March 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 reh...

7. CL & HD v T Ltd & S Ltd [2023] NZDT 72 (14 February 2023) [pdf, 223 KB]

   ...report. I find that the cost of this report is a consequential loss claimable under the CGA in this case. Therefore, S Ltd must pay CL and HD, $20,348.30. Referee: Ms Gayatri Jaduram Date: 14 February 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...

8. KP v MN [2023] NZDT 776 (20 December 2023) [pdf, 211 KB]

   ...owner, but was unable to do so according to [the insurer]. The parties reached an agreement that MN would compensate KP $100.00 for the loss of the warranty. At this time, KP asked MN if any major repairs had been carried out on the car. MN then informed KP that there had been an engine coolant issue that was repaired 10 days before the sale. On 2 June 2023, when KP was driving the car to the post shop, the engine coolant lights went on and started to ‘beep’. The car was towed to...

9. SX v Q Ltd & TX [2024] NZDT 112 (9 February 2024) [pdf, 196 KB]

   ...management company but Q Ltd repeatedly failed/refused to do so. 14. The day before the first hearing on 5 October 2023, Q Ltd made a substantial written submission, which included multiple inspection reports that SX had never seen before, in a format inconsistent with previous reports. 15. SX files this claim seeking $25,524.32 for a partial refund of management fees and damages for multiple breaches of contract. 16. TX was joined as a second Respondent after the first hearing d...

10. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

    ...service since it was purchased by the first owner. QX said the oil had been changed and he had done some routine checks, but accepted that there had not been a full service. There was some discussion about how often a full service should have been performed, and about the manufacturer’s guidelines for this. I do not consider that I need to make a finding on this because it was accepted that there had not been a full service of the motorhome at all since it was purchased new. 13. XN...