Search Results

1. KM v LK [2023] NZDT 255 (28 June 2023) [pdf, 96 KB]

   ...the parties also discussed this at the makeup trial that LK did for KM before she went away to [country]. 13. LK organised a replacement makeup artist for the wedding, and so KM was not entitled to a refund under the contract. 14. While the formal cancellation came from LK, this was clearly in response to KM’s repeated statements that she was unhappy with the replacement offered and requests for a refund. KM’s emails and texts made it clear she did not want the replacement make...

2. SB v UC Ltd [2023] NZDT 454 (31 August 2023) [pdf, 171 KB]

   ...date of the order. I consider that interest should be paid from 9 June 2022, which comes to $818.63. The total sum payable is therefore $18,797.27. Referee: E Paton-Simpson Date: 31 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 rehe...

3. C Ltd v HN [2023] NZDT 451 (6 July 2023) [pdf, 95 KB]

   ...on the stock car. 5. The issue to be resolved is whether either party breached the contract and if so, what the remedy for the breach should be? Did either party breach the contract and if so, what should the remedy be? 6 A contract is formed when parties decide to exchange something of value, creating an obligation to perform a particular duty that is legally enforceable. A contract is binding when the parties agree on clear and certain terms. The parties exchanged a paint job...

4. B Ltd v UT & QT [2024] NZDT 714 (28 August 2024) [pdf, 107 KB]

   ...Whether there was a legally binding contract between the parties that required UT and QT to pay B Ltd $17,000.00? 3. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. 4. B Ltd said that they had signed a settlement agreement with UT and QT in early 2024 and they had agreed to pay the sum of $17,000.00 to them as part of a full and final settlement

5. DI v UM [2024] NZDT 727 (23 September 2024) [pdf, 184 KB]

   ...duress to accept the quote? 6. DI suggested that she was pressured into accepting the quote. She gave examples of UM taking her for coffee and making several contacts with her about accepting the quote. These examples given by DI are acceptable forms of soliciting for business. They do not reach the level of ‘duress’. Duress is the imposition of unacceptable pressure by threats that force a person to enter a contract. Duress has two fundamental elements: first, there must be the exe...

6. X Ltd v RU Ltd [2024] NZDT 882 (17 October 2024) [pdf, 205 KB]

   ...agreed, with the sponsorship including a shirt sponsorship, and mentions on radio advertising. At the end of the season RU Ltd was invoiced. The sponsorship was renewed the following season, and in 2021 the sponsorship was widened to include a newly formed senior women’s team. In total the sponsorships covered the period 2019-2023. 3. The invoices were not paid, despite promises from HT. HT has subsequently been removed from his positions by RU Ltd for alleged wrongdoing. RU Ltd h...

7. LM v MH [2024] NZDT 659 (11 September 2024) [pdf, 174 KB]

   ...vehicle expenses. The applicant confirmed at the hearing of 6 June 2024 that her vehicle was insured at the time of the collision, but she had not notified her insurer of this claim in the Tribunal. The applicant has now confirmed that she has informed her insurer, but her insurer has not provided her with any advice on her claim for a refund of rental vehicle costs. [6] I am satisfied the insurer has been given notice of the proceedings and has determined not to take part. On that...

8. LC v NZ [2024] NZDT 342 (24 April 2024) [pdf, 128 KB]

   ...to the unit. She says she did everything she could to ensure the unit was working well, and it had worked well for her until she moved out of the property. 11. The agreement for sale and purchase is in the Auckland District Law Society standard form, eleventh edition. Clause 7.3(1) of the agreement provides that: “…the vendor warrants and undertakes that at settlement … the chattels in the sale listed in Schedule 2 and all plant and equipment…which provide any services or am...

9. DS & ES v KE & X Ltd [2024] NZDT 767 (8 October 2024) [pdf, 99 KB]

   ...matter was heard before in via an in-person hearing at the request of the parties so that I could use the photo taken by DS and compare it with the Respondent to determine likeness as the identity of the driver is in question. 17. Given the information, I find that I cannot confirm that it was the Respondent who was the driver of the vehicle. Having viewed the photo and the Respondent in person and compared to the photo of the Respondent on his driver’s licence, I cannot confirm t...

10. DX v E Ltd & DH [2024] NZDT 774 (17 September 2024) [pdf, 91 KB]

    ...paid for the joinery, and before he picked it up, his builder told him the joinery needed to meet the NZ standard 0.46 for thermally broken joinery to get building consent. He checked and found out the joinery did not meet this standard, therefore, he formed an opinion that CB gave him false information about the joinery, which induced him to enter into the contract. 4. CB gave evidence that DX told him he was looking for double glazed joinery and that is what he showed him. DX did not...