Search Results

1. TL & UL v Q & QT Limited [2024] NZDT 145 (12 April 2024) [pdf, 167 KB]

   ...great majority of contracts is governed by Part 2 Subpart 3 of the Contract and Commercial Law Act 2017 (CCLA). Sections 36 and 37 set out when a party has the right to cancel and section 42(1) provides that when a contract is cancelled, all unperformed obligations cease and the cancellation terminates the whole contract (but the secondary obligations such as any duty to pay damages survive). Section 43 of the CCLA then gives the court discretion to grant relief having regard to relevant...

2. BU & QU v X Ltd & EP [2024] NZDT 133 (12 March 2024) [pdf, 201 KB]

   ...remedy the failure of guarantee in relation the fence in a reasonable time, I find that there is no remedy available to BU and QU and their claim is dismissed. Referee Perfect Date: 12 March 2024 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 r...

3. NX v T Ltd & S Ltd [2024] NZDT 234 (8 March 2024) [pdf, 187 KB]

   ...tap was likely $120.00. T Ltd and S Ltd are jointly liable to NX for this cost. 22. Therefore, T Ltd and S Ltd are to pay NX $120.00 by Friday 29 March 2024. Referee: C Price Date: 8 March 2024 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 rehe...

4. TD v MT [2024] NZDT 173 (10 April 2024) [pdf, 225 KB]

   ...suggested that MT find alternative accommodation. 22. MT filed some documentation prior to the hearing in this matter. At no stage in the documents filed did he dispute that it was agreed that he would pay $280.00 per week rent. Much of the information submitted by MT was in relation to other incidents which were the subject of a CI0301_CIV_DCDT_Order Page 3 of 4 complaint by him to the Police. TD told the Tribunal that the Police had spoken to him about those matters and no furt...

5. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

   ...with reasonable care and skill, it a tradesman-like manner and to a tradesman’s standard. 16. As this was a “cash” job, there is no contract documentation of the scope of work, the price or the terms, except for the roof, therefore the information available to the Tribunal is limited and much of it is in dispute. The burden of proof is on the Applicants. 17. There is extensive evidence that the workmanship was defective, with overspray and paint drips on many interior and ex...

6. UI & II v SG [2024] NZDT 224 (6 March 2024) [pdf, 207 KB]

   ...the time as being 9 years old , based on them having bought the property 8 years before, and ‘it seeming quite new at the time’. SG has provided evidence from neighbours about the age of the driveway. This included a written statement from the former owner of one of his properties, Mr L, who lived at [property 1] for over 25 years, who stated that in the time he had CI0301_CIV_DCDT_Order Page 3 of 4 lived there, up until 2021, “I do not recall seeing any major alterations to t...

7. XD v KA [2023] NZDT 348 (30 June 2023) [pdf, 193 KB]

   ...address to the Tribunal but did give an email address. 6. An adjournment was granted on the basis that BX said he was on a plane preparing to fly to China. Subsequently, the telephone line dropped out. It was clearly necessary to gather more information about the respondent. 7. A further hearing was held on 8 June 2023. At that hearing BX again answered the telephone. At this hearing he said that although he knew KA and was involved in the transaction when XD bought the fish b...

8. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

   ...a replacement or refund. It refused to do so. Therefore, TU is entitled to cancel the contract and obtain a full refund of the original purchase price. Referee: J P Smith Date: 26 September 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 rehe...

9. LA v KD [2023] NZDT 260 (8 June 2023) [pdf, 214 KB]

   ...than not either. 18. Given that I am unable to make a finding that KD’s driving caused or contributed to the collision the claim must be dismissed. Referee: L Trevelyan Date: 8 June 2923 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 r...

10. NQ v TN & P Ltd [2023] NZDT 278 (1 August 2023) [pdf, 233 KB]

    ...of the agreement; and how the consumer may cancel the agreement. 9. [NQ and husband] were not provided with a quote. An invoice was sent to them after works commenced, after the first payment had been made. The invoice did not contain any information about their rights to cancel the contract at any time, nor were they advised orally of their rights. 10. NN, director of P Ltd, and TN, salesperson, attended the first hearing on 28 April 2023. They stated [NQ and husband] were advi...