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1. O Ltd v MX & V Ltd [2023] NZDT 325 (20 July 2023) [pdf, 173 KB]

   ...gained a valid security interest in the [car], which it perfected the next day, and that it is now the party entitled to possession of the [car]. Referee: E Paton-Simpson Date: 20 July 2023 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...

2. DX v CT [2024] NZDT 834 (8 October 2024) [pdf, 93 KB]

   ...the matter from being heard and determined. Was DX entitled to cancel the contract and receive a refund of his deposit? 7. The general law of contract and the Contract and Commercial Law Act 2017 (CCLA) apply. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. Once the terms of a contract are agreed, both parties are under a duty to the other to fulfi...

3. 22 May 2025 Hydro Attack Ltd v Queenstown Lakes District Council [pdf, 243 KB]

   ...Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court will consider any requests to: (a) Withdraw proceedings (b) Adjourn (postpone) hearings to a later date (c) Approve settlements agreed to all by the parties The Court will then decide the order in which the proceedings will be heard during the hearing...

4. BI v O Ltd [2024] NZDT 269 (27 February 2024) [pdf, 182 KB]

   ...service by OX was reasonable. I have considered BI and KI’s submissions that KI was misled when she relied on the technician’s telling her that they could fix the chip in the windscreen. However, I am satisfied that OX took all precautions and informed KI appropriately. There was an offer made by OX to give a discount to KI if she wanted her windscreen replaced by Novus West, however this was not taken up. The fee for attempting to fix the chip of $100 was not charged. 10. I find B...

5. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...SECOND RESPONDENT TC The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2023, TT purchased a tenanted two-bedroom apartment with a carpark in [suburb] from TC for $29,000.00 at an auction held by D Ltd. TT was informed by the tenants during the pre-settlement inspection that there was a leak in the sink and shower. Settlement went ahead, but TT subsequently resold the apartment to her property manager, who had originally managed the property for TC...

6. D Ltd v IB [2024] NZDT 560 (26 July 2024) [pdf, 94 KB]

   ...a. Is IB entitled to cancel the contract and not pay for services? b. If not, is the amount claimed reasonable? Is IB entitled to cancel the contract and not pay for services? 3. When two parties exchange something of value a contract is formed. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case the terms of the contract are in a written document titled “Valuation Agreement” dated 31 May 2022 and signed by...

7. Waikato Bay of Plenty Standards Committee 1 v Bellamy [2024] NZLCDT 43 (6 December 2024) [pdf, 81 KB]

   ...2 DECISION OF THE TRIBUNAL ON PENALTY Inertia [1] Mr Bellamy, admitted as a lawyer 35 years ago, has no previous disciplinary history. He is charged with misconduct because he has failed to comply with an Information Request1 from the Standards Committee sent one year ago. His failure to engage with the complainant client extends back to 2017. His failure to engage with the Law Society Complaints service dates back to August 2023. [2] Mr Bellamy’s enga

8. After the hearing

   ...a rehearing should be filed within 28 days from the date of the decision or the order of the Court subject to the application.  Filing fee The filing fee must be paid before or at the time of filing the application. Documents You need to file: Form 13: application for rehearing An affidavit in support Find Form 13 application for rehearing, template of an affidavit and the fee information on our forms and fees page. Find out more about completing, filing and serving documents and profess...

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   2. What to expect at the Employment Court

9. Relationship property factsheet - Separation or divorce: How your property is divided when you don’t agree [pdf, 90 KB]

   ...relationship. You can ask the Court for permission to file after this deadline. There is a fee to make an application to divide relationship property. Information on the fee is available at justice.govt. nz/about/fees. A copy of the application forms can be downloaded from justice.govt.nz/family/separation-divorce/divide- relationship-property. Or call us on 0800 268 787 and ask us to send forms to you or you can visit your local court and ask for the forms. What happens after you fi...

10. XN v BP [2023] NZDT 736 (13 December 2023) [pdf, 177 KB]

    ...provides a checklist of details that must accompany a repossession warning notice. The note BP sent did not comply with many requirements of the warning notice. In particular, it fails to specify the act of default under the agreement. Further, the informal written note that contained a few of the fundamental terms of the agreement does not allow BP the right to repossess the car. 7. I therefore find that BP was not entitled to issue a notice warning of his intention to repossess the...