Search Results

1. Q Ltd v N Ltd [2024] NZDT 853 (5 September 2024) [pdf, 105 KB]

   ...APPLICANT Q Ltd RESPONDENT N Ltd The Tribunal orders: 1. N Ltd is to pay Q Ltd the sum of $20,000 on or before 18 October 2024. 2. The counterclaim by N Ltd is dismissed. Reasons 1. Q Ltd is a co-operative management company formed by a number of [redacted] orchard owners in the [Town] area. It was represented at the hearing by TE who is a director of the company, and whose orchard holds shares in Q Ltd. 2. N Ltd is also a shareholder of Q Ltd and its directo...

2. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...reasons the remaining issues need not be determined, and a declaration of non- liability for the amount of J Ltd’s final invoice is made as stated in the order. Referee: K Rendall Date: 9 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 re...

3. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...established. My order therefore clarifies that ZD must immediately pay $690.00 to HX if he has not already done so. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: E Paton-Simpson Date: 4 October 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. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...made no order that affects J Ltd, as it will deal separately with MO regarding any obligation that it may have to him under his insurance policy. Referee: C Hawes Date: 20 June 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 re...

5. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

   ...breach of the vendor warranties in the Agreement, OC is entitled to a remedy. The law of contract says that this amounts to what is required “to financially restore the plaintiff to the position which it would have occupied had the contract been performed ..”1 14. OC has provided evidence that the heatpump was unable to be repaired. I find that she was therefore required to replace it and the cost of $2,800.00 seems reasonable. 15. However, OC now has a brand-new working heat...

6. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...to make an award of costs except in very limited circumstances (S.43 Disputes Tribunal Act). No costs can be awarded in the circumstances of this case. ` Referee: J.F. Tunnicliffe Date: 13 June 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...

7. KI v KB [2024] NZDT 467 (5 June 2024) [pdf, 232 KB]

   ...was selling a mechanically unsound vehicle because he stated “only selling as moving overseas”, but he has not moved overseas. KB explained why his family’s plans to move [overseas] had changed after they sold the vehicle, and based on the information I have, I cannot read anything into his stated intention in the ad to move overseas. 8. The key statements to consider in terms of misrepresentation are “regularly serviced” as written in the ad, and, in the questions section ...

8. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...terms and conditions in the written contract. Did N Ltd breach the contract such that ZM and DX were justified in cancelling? 10. ZM and Mr Wang contend that N Ltd did not make sufficient efforts to find them a tenant and did not keep them informed of viewing numbers or feedback for the property. 11. NN provided a considerable amount of documentation to show the numbers of enquiries and viewings there had been for the property over the 6-week period. He noted that while he ul...

9. GT v H Ltd [2024] NZDT 438 (11 June 2024) [pdf, 186 KB]

   ...contract. CI0301_CIV_DCDT_Order Page 2 of 4 7. The account detailed by TT is that knowing she had been in close contact with a Covid infected household member, she started taking RAT tests and had tested positive on the 21st November 2023. She informed the conference facilitator who advised she could no longer attend the workshop. As she was staying with a friend in [City] at the time and could no longer stay there she called H Ltd at 1357 hrs (As recorded in H Ltd’s evidence) t...

10. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

    ...dangerously, configured). CI0301_CIV_DCDT_Order Page 2 of 4 5. I Ltd have not disputed that the set-up of the generator supplied was inappropriate for its purpose, rather they argue that their terms and conditions exclude any liability. On the information supplied to me, I find that the supply by I Ltd was not carried out with reasonable care and skill and/or was negligent, because while a configuration with no neutral connected is necessary for some uses, it should not have 5-pi...