Search Results

1. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...with NH and FN. 6. The scheme plan utilised the existing fence as a boundary between proposed Lot 1 and Lot 2. 7. Lot 1 faces onto [Address] and it contains the existing house and driveway. Lot 2 is at the back of Lot 1, with access via an unformed right of way over the western edge of Lot 1. In this plan, Lot 2 is 4090m2 and Lot 1 is 4109m2. 8. NH and FN engaged O Ltd (IB) to assist with preparing and filing the resource consent application. They provided a copy of ZB’s plan...

2. EK v J Limited [2023] NZDT 471 (17 August 2023) [pdf, 194 KB]

   ...claim by EK for $4,828.71 is dismissed. 10. I find that the contract provided for one set of external stairs from level 1 to level 2 on the right- hand side. I make this finding for the following reasons: a) The Building Specification, that formed part of the contract, showed pricing for the house plan [design], plus additional items which included “external steps from level 1 to 2”. The price CI0301_CIV_DCDT_Order Page 3 of 5 for one set of external steps is $3,900.00....

3. NP v LO & Ors [2024] NZDT 687 (26 August 2024) [pdf, 243 KB]

   ...or to allow NP to run a business? e. If there was wrongful termination or a breach, what is the remedy? Who is the contract between? CI0301_CIV_DCDT_Order Page 2 of 5 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine who the parties are in this situ...

4. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...21. I have determined that NQ was a motor vehicle trader and there must comply with the guarantees under the CGA. However even assuming he wasn’t a motor vehicle trader my comments below are relevant. 22. 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, as the r...

5. KK v HL [2023] NZDT 381 (20 July 2023) [pdf, 223 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 381 APPLICANT KK RESPONDENT HL The Tribunal orders: The claim is dismissed. Reasons: 1. In March 2023, HL advertised his [car] for sale on [online platform]. 2. On 9 April 2023, KK contacted HL saying she was interested in the car. 3. HL drove to KK so she could look at and test drive the car with the assistance of some friends. 4. The car was not bought that day. 5. On 10...

6. DC v CN [2025] NZDT 21 (10 April 2025) [pdf, 232 KB]

   ...[Street X] and [Road 1]. CN was turning out of [Street X] into [Road 1], intending to travel north, towards Courtenay place. There is a give way sign at the end of [Street X], which means that CN had to give way to traffic already on [Road 1], which forms the top of the “T intersection”. 9. DC was driving straight on [Road 1] heading north towards [Road 2]. DC says that CN’s car suddenly appeared from [Street X] and entered the north bound lane of [Road 1] which she was travel...

7. [2011] NZEmpC 37 Vice-Chancellor of Massey University v Wrigley and Kelly [pdf, 231 KB]

   ...concerns, Professor Kemp told them that Massey considered they were assisting in an evaluative process that was confidential. As such, Massey did not intend to release the comments made by panel members during the selection process and they were informed that it was not normal Massey process to release such comments. Because the union representing the staff (the Tertiary Education Union) had already indicated to Massey that it would be seeking the information generated in the sele...

8. [2011] NZEmpC 1 Gyenge v Clifford Lamar Limited [pdf, 221 KB]

   ...profitable period and it was company policy not to allow leave to be taken at that time. His letter concluded: “However if those dates do arrive and the salon is able to function at an expectable level we will be able to grant those days as requested.” On 26 November 2008, Emma again wrote repeating her request for leave on the three dates in December. Mrs Anna Harris responded on that occasion enclosing a copy of Mr Harris‟ earlier response. She went on to confirm the c...

9. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...replied suggesting Ms XY’s enquiries be directed to Mr SR. For the purposes of this review, the difference is inconsequential because Mr HG does not contend that he provided explanations, information or otherwise cooperated with Ms XY as she had requested. [15] Between 2010 and 2012 Ms RM and Ms PR made a number of enquiries, and had a number of meetings.6 Ms PR says she is limited by Ms XY’s privilege from detailing what those enquiries were, or who the meetings were with. H...

10. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

    ...concerns” about the trust. [14] Mr GL subsequently raised queries about the deductions made by Mr BT from the sale proceeds of his [suburb b] property. He queried the exchange rate. He said $32,297.07 was owed to him by the trust. He requested a breakdown of $52,650 deducted for “legal and administrative costs”.6 Complaint [15] Mr GL lodged a complaint with the Lawyers Complaints Service (LCS) on 26 March 2018 on which he elaborated in subsequent communications to t...