Search Results

1. JY v B Ltd [2023] NZDT 64 (17 July 2023) [pdf, 189 KB]

   ...care and skill, its employees tried to explain to the applicant that the vehicle had failed the warrant and identified the two areas that required attention, the power steering belt and the brakes. The 1 The applicant claims he was given contrary information about why the belt failed. He found this misleading. CI0301_CIV_DCDT_Order Page 2 of 4 respondent submits that it only contracted to provide an inspection service to identify non-compliance with the legislation and never agree...

2. OO v QP [2023] NZDT 70 (20 February 2023) [pdf, 226 KB]

   ...what his intended purpose for the house would be. He told QD that he wanted to rent it out, either as long-term rental or for visitor accommodation, such as Air BnB. QD told him he should have no issues with Air BnB. 7. OO points out that the information pack provided by M Ltd contained a rental and market appraisal, which also suggested to him that it could be used for rental accommodation. The advertising brochure also referred to it as having four bedrooms and three bathrooms and re...

3. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

   ...to cancel the contract and obtain a refund of the money paid, or to claim the cost of repairs that he incurred elsewhere and so the claim must be dismissed. Referee: Souness - DTR Date: 5 February 2024 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...

4. BC v J Ltd & M Insurance [2023] NZDT 513 (30 September 2023) [pdf, 182 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 b. If not, is BC entitled to $6,428.00 as claimed, or to any other sum? Has J Ltd correctly decided that the slipway damage is excluded under BC’s policy? 6. Contract law requires parties to perform the promises they make to each other, unless there is a valid legal reason not to. When questions of contract interpretation arise, a court considers what a reasonable and properly informed bystander would think the parties intended their wor...

5. WH v P Ltd [2023] NZDT 542 (16 October 2023) [pdf, 199 KB]

   ...mother died and when he was in [country 1]. b. The respondent did not return to site until 22 January 2023, and this was at the insistence of the applicant as her husband had died. As she had a number of guests to attend the funeral, she needed some form of kitchen. At this point the respondent constructed a temporary kitchen in the applicant’s garage and removed the rubbish from the demolition. c. The respondent then did not return to the site until 2 February 2023 and started to...

6. YI v CU Ltd [2023] NZDT 545 (25 October 2023) [pdf, 189 KB]

   ...invoices, and $500.00 compensation for time YI spent sorting out the issues with [water company], rescheduling of her flight [overseas] and overdraft interest. 7. The issues to be determined are: • Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard? • If so, what reasonably foreseeable losses resulted from the breach? Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard?...

7. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...if there had been. BT explained that he is a builder of some 30 years experience. 9. CL and NN presented a short written statement from HI, the director of D Ltd, who they say is a specialist in retaining and piling work, though no supporting information was presented on his qualifications, experience and/or expertise. HI’s company was contracted to carry out repair work at the property. He writes, “upon removing the concrete pad and fully exposing the foundations it became apparent...

8. [2024] NZEnvC 031 Friends of Conical Hill Inc v Hurunui District Council [pdf, 229 KB]

   ...paragraph 10, film taken may be published or broadcast live or at any time if the judge grants leave. • The media applicant must maintain a copy of all publications or broadcasts using film taken at a hearing and must supply a copy to the court if requested by the judge. • Film taken must not be used other than in the programme or on the website nominated in the application form. • Film taken must not be used in any promotional broadcasts or as trailers. cuttanb Cross-Out Schedule...

9. Site Visit Health & Safety Plan [pdf, 147 KB]

   ...implement 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 In...

10. BU & DQ v NN [2023] NZDT 281 (17 July 2023) [pdf, 105 KB]

    ...counterclaim. 2. This is a claim for unpaid rent, expenses and damages for stress in the sum of $15,000.00 by the Applicants. NN’s counterclaim, apart from denying the Applicant’s claim, is for stress, the return of her bond and costs in the form of legal fees, in the total sum of $11,709.50 3. The issues to be determined were as follows: a. Has either party breached a legal binding obligation to the other party or parties? b. If yes, then what damages are payable, includin...