Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. BL & DL v L Ltd & V Ltd [2023] NZDT 304 (9 August 2023) [pdf, 191 KB]

   ...defect so that it is not of acceptable quality and accordingly they are not entitled to return the umbrella and be refunded the purchase price. Referee: K Cowie DTR Date: 9 August 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...

6. BP v G Ltd [2023] NZDT 38 (20 January 2023) [pdf, 203 KB]

   ...September. 7. BP was without his luggage for 8 days. 8. BP was booked to do a ‘hiking tour’ of the Amalfi Coast. The provider was FX, a [Country] based travel company. 9. BP submitted that upon arrival he was not given the necessary information about the first day of the hiking tour. This meant that he missed the first day of the tour. 10. BP is a photographer. One of the purposes of his trip was to take photographs, which he offers for sale in his website. BP’s camera...

7. EB v U Ltd [2023] NZDT 77 (21 February 2023) [pdf, 203 KB]

   ...discussion in the hearing about what BZ had said to EB. BZ, of course, was the builder doing the work, and it was not his job to price work, or to deal with contract variations. If an alteration was to be made to the original contract specifications, information about any increase of price for that should have been given directly to EB from U Ltd itself, or from the quantity surveyor. I accept that no one from U Ltd spoke directly to EB about the increased price for breaker boards, and th...

8. KN v XD Inc [2024] NZDT 131 (4 March 2024) [pdf, 189 KB]

   ...the above reasons XD Inc is to pay $395.00 to KN before 4 April 2024, and also to provide him with a parlour case that is in good condition before the same date. Referee: L Thompson Date: 4 March 2024 Page 3 of 3 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. NB & QD v H Ltd [2023] NZDT 722 (18 December 2023) [pdf, 186 KB]

   ...evidence that the sub-contractors were trustworthy people, or at least H Ltd had no reason to doubt any of them. I also find that as far as Mr H was aware the house was vacant, and there was nothing in the house to steal in any event. He was not informed by the Applicants that they had placed any item in the house, and while the work had probably been completed by that time, because of the time of the year (it was CI0301_CIV_DCDT_Order Page 3 of 4 January) and because H Ltd appeare...

10. MK & NK v B Ltd [2023] NZDT 687 (21 December 2023) [pdf, 111 KB]

    ...pass those on to his tenants in plenty of time. 10. NK denies that he was ever told that the building would need to be vacant and points out that it is not written on the quotation nor is there any evidence of such a requirement in writing in any form — some of the communication between the parties was by phone and some was by email — I accept that none of the email communication makes reference to the building needing to be empty while work is proceeding. One of his tenants has wri...