Search Results

1. RT Ltd v LC [2020] NZDT 1413 (27 July 2020) [pdf, 193 KB]

   ...responsible for arranging the removal of the clamp and in the process of doing so caused damage to the clamp. CI0301_CIV_DCDT_Order Page 3 of 4 Is RT Ltd entitled to claim debt collection fees and an administration fee? 13. A contract is formed when two parties agree to exchange something of value. Both parties must agree the essential terms of the contract. 14. NU, for RT Ltd, states that the notice includes that those parking accept his company’s terms and conditi...

2. LE v ON [2021] NZDT 1691 (20 December 2021) [pdf, 221 KB]

   ...of the multiple versions of events) that the couple simply kept it for themselves, which has caused quite some bad blood between the parties. 12. This led to the involvement of a police officer and in an email to LE, he wrote “based on the information you have received and my conversation with your neighbours, in short the female party has obviously accepted the courier package, however after discovering it wasn’t meant for them, the female’s partner has come home and been inform...

3. WO v KU [2021] NZDT 1676 (20 December 2021) [pdf, 201 KB]

   ...not entitled to claim $18,087.00. Accordingly, the claim is dismissed. Referee: L Fuli 1 Balfour v Balfour [1919] 2 KB 571. CI0301_CIV_DCDT_Order Page 3 of 4 Date: 20 December 2021 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. IN v SU [2021] NZDT 1652 (12 July 2021) [pdf, 161 KB]

   ...SU said he would get a warrant of fitness and if the car did not pass, he would either lower the price or repair it and deliver it to IN the following week. The parties agreed IN could either pay in cash or by bank transfer. 14. Based on the information before me I find there was a clear offer and agreed terms. This element of the contract is met. If there was an offer, was there any acceptance? 15. The terms of any acceptance must be clear. 16. Based on the evidence before...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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�...

10. 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...