Search Results

1. FH QK v WI Incorporated [2022] NZDT 192 (20 October 2022) [pdf, 237 KB]

   ...successful, which is the case here. For these reasons I find that QK is to pay WI Incorporated the cost of repairing the door he damaged being $645.64. Referee: N Gold Date: 27 October 2022 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 r...

2. Alchin and Scott TRI-2020-100-001 Procedural Order 9 [pdf, 102 KB]

   ...of the claimants on 4 February 2022. On 17 February 2022, counsel for the parties filed a joint memorandum seeking an extension to the timetable for submissions regarding consequential losses. [2] On Friday 18 February 2022, I granted their request for an extension. [3] On 22 February 2022, counsel for the claimants filed a memorandum, dated 19 February 2022, requesting that the determination dated 4 February 2022 be recalled and amended to adjust the quantum of the remed...

3. HT v SE [2020] NZDT 1397 (15 May 2020) [pdf, 189 KB]

   ...paid, being $2800.00, and also any loss that was reasonably foreseeable as liable to result from the failure of guarantee. The repair cost for the starter issue falls into that category (although also arose from the contract, because HT said they formed an agreement before the sale that he would be reimbursed for the starter repair) so SE is also liable to pay $220.00 for the starter repair. 10. HT’s claim is therefore awarded in full. Referee: Johanna Perfect Date:...

4. [2022] NZEmpC 196 E Tū Inc v Rasier Operations BV [pdf, 239 KB]

   ...in certain circumstances when it is in the interests of justice to do so. [7] Rule 12 specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the order...

5. BU v CU [2023] NZDT 639 (22 November 2023) [pdf, 186 KB]

   ...that the claim is not proven to the standard of “more likely than not”, and the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Nicholas Blake Date: 22 November 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...

6. NG & UG v B Ltd [2023] NZDT 502 (30 August 2023) [pdf, 107 KB]

   ...because that was the basis on which the proposed management fee was reduced from 6% to 5%. 6. Although B Ltd implemented the 5% fee in the expectation that the new contract would be signed, I consider that this was a situation in which a degree of formality was expected, and the new contract would not become binding until it was signed by both parties. Meanwhile, the CI0301_CIV_DCDT_Order Page 2 of 3 original contract, which rolled over at the expiry of the 12-month term, remained i...

7. E v G [2023] NZDT 32 (10 February 2023).pdf [pdf, 209 KB]

   ...with it since he purchased it. E did not dispute that and he also inspected the engine and says he could see it wasn’t in the greatest shape. Was the contract conditional on the engine being in running order? 7. I find that the contract was formed unconditionally because E inspected the engine, a price was agreed and G sent him an email on 31 May stating “Sold as is where is. Comes with wiring kit and gauges and bits. Turbo risers will be here later this week” and provided...

8. UL v PT [2022] NZDT 276 (23 December 2022) [pdf, 180 KB]

   ...varied, in law or equity, by UL’s proposal. 4. I have had regard to PT’s advice, from CAB, that silence (if indeed she had not actively agreed) constituted consent. It can sometimes be the case that terms sent, but not actively assented to, can form acceptance, and thus contractual responsibility, where a person acts in reliance of that apparent assent. However, in this case, PT did not take any action, or perform any service, on the strength of what had been sent. 5. For the...

9. HH v BJ Ltd [2024] NZDT 200 (26 March 2024) [pdf, 133 KB]

   ...can recover any repair or associated costs associated with the false claim. Both parties agree BJ Ltd deducted $558.27 from the amount refunded to HH’s policy to cover towing costs 11. HH breached his contract with BJ Ltd when he gave false information about the collision. As a result, BJ Ltd had the ability to cancel the policy and recover the towing costs. If not, is HH’s car economical to repair? 12. As I have BJ Ltd could cancel the policy and recover the towing costs. B...

10. KN & PN v V Inc [2023] NZDT 354 (11 August 2023) [pdf, 93 KB]

    ...but international carriage by air is governed in New Zealand by the Montreal Convention, which has been incorporated into New Zealand law by s 91C of the Civil Aviation Act 1990. The courts have held that the Convention regime is intended to be a uniform international code, and to be exclusive of any resort to the rules of domestic law. 7. Article 19 of the Convention states, “The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.�...