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1. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...failed to do so in a reasonable time, ES is entitled to pay a third party to supply and install doors and windows for her cabin and recover that cost from CP Ltd under section 32(a)(ii)(A). 13. At the second hearing, ES provided evidence in the form of a written quotation from a joinery supplier to show that the cost of supply and installation of doors and windows for the cabin will be $5554.50 (that was the lowest of three quotations presented). Was the cabin of acceptable quality...

2. GG Ltd v IN Ltd [2022] NZDT 3 (19 January 2022) [pdf, 238 KB]

   ...the sum claimed as a set-off. 44. For these reasons I find that the claim by GG Limited against IN limited is dismissed. Referee: K Johnson Date: 19 January 2022 Page 5 of 5 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 re...

3. OIA-99641.pdf [pdf, 1.3 MB]

   / ,, ~ ~ M I N ISTRY Of ':Tei,~ JusT1cE \.j,;~, · l~/111 o ,, Ttir, 16 November 2022 Section (9) (2) (a) Section (9) (2) (a ) Tenakoe - Official Information Act request: Kahukura initiative Just ice Centre I 19 Aitken Street DX SX1008 8 I Wellington T 04 918 8800 I F 04 918 8820 contactus@just ice.govt .nz I www.j ustlce.govt.nz Our ref: OIA 99641 Thank you for your email of 27 September 2022, requesting, under the Official Information Act 1982 (the Act), further...

4. QN v NI [2023] NZDT 128 (12 May 2023) [pdf, 193 KB]

   ...claimed to be paid $6,349.61 for the costs he incurred to repair the property. 7. The issues to be resolved are: (a) Did NI agree to sell her house to QN? CI0301_CIV_DCDT_Order Page 2 of 4 (b) If not, did NI allow QN to perform work upgrading the property that she has been enriched by? (c) If so, what loss can QN show he has incurred that he is intitled to be compensated for? Did NI agree to sell her house to QN? 8. QN said that the agreement was that he...

5. CN v OQ [2023] NZDT 129 (28 March 2023) [pdf, 215 KB]

   ...damages for CN’s time. 19. For these reasons, I award damages of $1,518 to CN. These damages are to be paid by the OQ by the date set out in the order. Referee: R Burley Date: 28 March 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 re...

6. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...else did the water blasting. He agreed that mud was flicked onto the vehicles and said that sometimes occurred and in those cases they usually washed the mud of and the cars were left cleaner than when they arrived. In this case, QB said the person performing the work forgot to wash off any mud flicks. When QB was notified of the issue several days later, he apologised an offered to have the cars washed, however, by then insurers had become involved. 11. QB provided a video to demonstra...

7. Site visits [pdf, 144 KB]

   ...to eliminate or minimise risks to health and safety in accordance with the duties under the Health and Safety at Work Act 2015 and any other applicable legislation or legislative instrument. (j) No more than 5 working days after receiving any request from the Ministry of Justice to modify the Indicative Site Visit Plan, the PCBU shall file with the Environment Court a response to such request, including as to whether the PCBU agrees or disagrees with any modification to the Indicat...

8. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...with reasonable care and skill. The law of bailment provides that a person in possession of another person’s goods is required to take reasonable care of the goods. 14. QU Ltd was handling a device which contained personal and private information. Therefore, it had to take reasonable steps to ensure that it kept track of the hard drive once it was removed from the laptop and that the hard drive was returned to the customer once the job was completed. Did QU Ltd breach a duty...

9. QC v OC [2023] NZDT 59 (21 February 2023) [pdf, 167 KB]

   ...misrepresent B in terms of her having ‘a [feature]’ and/or of being ‘show quality’? 13. I have not addressed all of the considerable arguments pertaining to misrepresentation, such as whether Mrs Bott conveyed, prior to the contract being formed, that she required a ‘show- quality’ puppy and therefore whether there is any inducement, because the counter-claim fails at the first hurdle, which is OC and ECs establishing as a fact that B’s [feature] is not suitable for showing...

10. Site visits [pdf, 144 KB]

    ...to eliminate or minimise risks to health and safety in accordance with the duties under the Health and Safety at Work Act 2015 and any other applicable legislation or legislative instrument. (j) No more than 5 working days after receiving any request from the Ministry of Justice to modify the Indicative Site Visit Plan, the PCBU shall file with the Environment Court a response to such request, including as to whether the PCBU agrees or disagrees with any modification to the Indicat...