Search Results

1. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

2. IU Ltd v NO [2023] NZDT 409 (26 July 2023) [pdf, 95 KB]

   ...after filing, which at 2% per month would be a windfall for the Applicant’s delay. 17. The Tribunal finds that the Respondent owes the Applicant $4,016.55. Referee: L Mueller Date: 26 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...

3. SE v D Ltd [2023] NZDT 456 (17 August 2023) [pdf, 175 KB]

   ...refused to return her bond. In an email dated 28 March 2023 it stated: As per our emails, I have advised that any outstanding bond has been forfeited. From record [sic], you went on holiday for a month and never returned to the club, nor was any formal resignation sent in. Is SE entitled to her bond back? 10. The law of contract applies. D Ltd has alleged that SE breached the terms of the contract by going on holiday for a month and not formally resigning. 11. It is clear from...

4. KL v D Ltd [2024] NZDT 92 (1 February 2024) [pdf, 94 KB]

   ...description). 11. Because I am unable to find any breach of the guarantees in the CGA, the claim is dismissed. It is not necessary to consider the second issue. Referee: M Wilson Date: 1 February 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...

5. CG & NA v YA [2024] NZDT 695 (9 September 2024) [pdf, 100 KB]

   ...well as provide general support for the mother. YA was to be paid $380 per day for the ‘maternity matron’ services. 2. The agreement was for YA to provide the ‘maternity matron’ service 24 hours a day. However, due to family issues YA informed CG and NA she could no longer do the night shift or start on the day agreed. 3. CG and NA claim YA breached the contract and claim in the Disputes Tribunal for the refund of the bond, postpartum meal costs incurred and the Tribunal fi...

6. IG Ltd v IX Ltd [2023] NZDT 390 (29 August 2023) [pdf, 94 KB]

   ...November 2022. 8) It follows that the respondent, will, with respect to the 2 invoices in question, need to pursue remedies against DX. Referee: G.P.Rossiter Date: 29 August 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 r...

7. 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...

8. 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...

9. 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...

10. 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...