Search Results

1. MQ v X Ltd & N Ltd [2024] NZDT 72 (19 February 2024) [pdf, 206 KB]

   ...interior of the vehicle? 21. Part of MQ’s claim is the cost of cleaning the vehicle to remove the substantial amount of dust that was in the interior when he collected it. MQ also submitted that there was paint overspray on the interior. 1 Formerly the Carriage of Goods Act 1979, now sections 241-295 of the Contract and Commercial Law Act 2017 (“CCLA”) 2 Section 273(1)(a) CCLA CI0301_CIV_DCDT_Order Page 3 of 4 22. Mr S (X Ltd) acknowledged that there was dust i...

2. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

   ...price related to the industry standard”, and that he did not recall receiving any follow-up written contract for the recruitment. [4] TX appeared as a witness for UH. He added to what he had said in the emails cited above by stating that he had informed BI that he had asked UH to search for suitable administrative staff for C Ltd. TX described himself as having been, at the relevant time, a “jack of all trades” for C Ltd. He had been an independent contractor, and had been authoris...

3. EI v EE Ltd [2024] NZDT 529 (3 July 2024) [pdf, 182 KB]

   ...however, I am satisfied EE Ltd has offered reasonable compensation, which is relative to the circumstances, and therefore EI’s claim must be dismissed. Referee: Malthus Date: 3 July 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...

4. UI v T Ltd [2025] NZDT 11 (27 January 2025) [pdf, 138 KB]

   ...liable to pay the $65.00 fee? Did UI breach the contract by parking without registering for the 90 minutes free parking CI0301_CIV_DCDT_Order Page 2 of 5 and without paying for the additional 99 minutes? 7. A legally binding contract is formed where both parties agree to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear and there must be consideration. Consideration is something of value given to someone in return f...

5. UN v DT [2024] NZDT 844 (11 November 2024) [pdf, 251 KB]

   ...a test drive, UN agreed to purchase the vehicle conditional on a pre-purchase inspection. 12. Later the same day UN phoned DT and asked him if he would take the vehicle to V Ltd being [Car’s brand] specialists to be inspected. 13. UN informed DT that he had a good relationship with V Ltd as they had previously serviced his [redacted] vehicles. He said that historically V Ltd were aware of the vehicle as they had sold the vehicle to the original owner when it was first sold in N...

6. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...advised LL to go to the police which he did, but the police have declined to take the matter further. CI0301_CIV_DCDT_Order Page 2 of 4 10. LL filed a claim in the Disputes Tribunal on the basis that U Ltd were negligent when they failed to inform him that the seller was a scam which meant that it was too late for LL to arrange for the bank to stop the transfer of his money. LL claims for economic loss in the purchase price. 11. I am not satisfied that LL can make a claim for ne...

7. NH v NC & KC [2024] NZDT 816 (25 November 2024) [pdf, 192 KB]

   ...view, personally caused [the dog]’s [health condition]. What happened with this dog was, as I see it, an unfortunate accident of fate. Referee: G.P.Rossiter Date: 25 November 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...

8. OD v JE [2024] NZDT 794 (13 November 2024) [pdf, 183 KB]

   ...had 11 previous owners, and was 23 years old at the time OD bought it. Thus, he said, its history was unknown and he could not have known of any problems with the car if, in fact, there had been any. He had simply stated honestly how the car had performed during the time he had owned it. [10] JE provided a letter from his wife, in which she stated that the car had run well during the period that the family had used it. He also provided a letter from his mechanic, KT, who had not seen th...

9. BN v P Ltd [2024] NZDT 795 (18 September 2024) [pdf, 199 KB]

   ...must repay BN $2155.14 being the amount of concrete and the compensation for his time and the contractor’s time. Referee: T Prowse Date: 18 September 2024. 1 Bloxham v Robinson [1996] 2 NZLR 664. 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 re...

10. DU v BT [2024] NZDT 764 (17 September 2024) [pdf, 192 KB]

    ...the joint account was closed, payments went to BT’s account. He claims reimbursement of $5,381.20. BT says the payments stopped in 2023. 17. There are several reasons why the claim is declined. First, it appears there may have been an informal offset against school fees (also covered by the 2014 agreement). Secondly, there are circumstances where the duty to mitigate loss can apply to the recovery of a debt (for example, in the residential tenancy context Huang v Ashworth [2...