Search Results

1. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

2. BI v A Ltd [2024] NZDT 833 (19 September 2024) [pdf, 94 KB]

   ...evidence for another vehicle behind him being involved and/or causing all of the damage to all vehicles. Even if it were to be accepted that another vehicle hit the rear of his vehicle, it is not known in what order the impacts occurred. QA’s claim form states “Car in front of me made a random abrupt stop for no reason. I lightly tapped his rear bumper – no damage so we agreed to no action.”, and then “Car behind hit my rear end + fled the scene. No ID.” 5. The above statem...

3. GD v T Ltd [2024] NZDT 351 (22 April 2024) [pdf, 202 KB]

   ...I find that T Ltd was not entitled under the terms and conditions of the contract to retain any of the deposit, and so T Ltd is liable to repay GD the $920.00 it has retained. 4. The law that applies is the law of contract. There was a contract formed when GD accepted T Ltd’s estimate to paint the outside of her rental property. The terms and conditions of the contract are set out in the written estimate that T Ltd provided in April 2023. 5. There is a clause entitled “Deposit R...

4. BP & EP v H Ltd [2024] NZDT 290 (9 May 2024) [pdf, 92 KB]

   ...Director of H Ltd, H, submits that the overarching principle in contractual interpretation is determining the meaning that the document would convey to a reasonable person having all the background knowledge available to the parties when the contract was formed. The ordinary and natural meaning of the words are a powerful indicator of what the words mean. 7. H says that on 23 March 2022 he explained all clauses in the contract, including Part 7, to BP and EP, in person. He recommended...

5. B Ltd v QM [2024] NZDT 288 (8 May 2024) [pdf, 93 KB]

   ...touch with him to discuss completion of the work. 4. B Ltd then sent QM a letter advising they “had arranged to finish uncompleted projects”. In order to proceed, they asked QM to review the details in the letter and sign as agreed. The information in the letter included the amount payable and the scope of work. QM signed the letter as being accepted. 5. The motorised louvre was duly completed and installed, with an invoice being raised for the balance of the louvre price.

6. XH v ND [2024] NZDT 300 (20 May 2024) [pdf, 93 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

7. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. CI0301_CIV_DCDT_Order Page 2 of 3 7. I consider that the supplier failed...

8. ES v T Ltd [2024] NZDT 547 (2 August 2024) [pdf, 122 KB]

   ...or repair of the silo. 3. No further contact was made by ES to either T Ltd, NC or W Ltd regarding the matter and, on 30 March 2021, NC wrote to ES advising him that if he wished to have the matter settled he would need to sign the discharge form sent to him in February 2019 with the offer of settlement. ES responded on 28 April 2021 stating again that the offer is unacceptable, and he will be filing a claim in the Tribunal. 4. ES filed his claim on 19 February 2024. He claims th...

9. TD v T Ltd [2024] NZDT 451 (21 June 2024) [pdf, 213 KB]

   ...interpretation, its ordinary and natural meaning, is a rule that is generally applied by the courts. 9. Mr E explained that because the boundary is specifically referred to as a “residential boundary”, the implication is that there can be other forms of boundary such as the boundary around the perimeter of the lifestyle block. 10. He said, that clearly, “residential boundary” means the boundary adjacent to the residence or home. CI0301_CIV_DCDT_Order Page 2 of 3...

10. Remote participation in courts discussion document plain language summary [pdf, 199 KB]

    ...made to the law. Once the Government has made decisions, the Ministry will publish a summary of the feedback on its website. The summary will not include information that could identify individuals who have given feedback. Official Information requests Your feedback is subject to the Official Information Act 1982 (OIA). If your feedback is within scope of an OIA request for information, the Ministry is required to release the information unless one of the withholding grounds o...