Search Results

1. CPA Notice of Application to Vary Bail Conditions [pdf, 648 KB]

   ...Defendant’s lawyer: Next hearing date: Charges List of charges the defendant is facing: Existing Bail Conditions What are the existing conditions: Tick and complete the relevant conditions. List any other conditions not included on the form You must live at ________________________________________ You must be at your bail address, from________ to ____________ On Monday/Tuesday/Wednesday/Thursday/Friday/Saturday/Sunday. Do not contact or try to contact (name(s) of victims,...

2. XC v MG Ltd [2019] NZDT 1404 (1 May 2019) [pdf, 216 KB]

   ...Mr C taking possession of the aircraft. 7. However, whether Mr L advised Mr C of the unavailability of the thermostat between May and July 2018 is not relevant because contractually it had been provided for in October 2017 when the contract was formed. 8. As it was quoted for as far as Mr C was concerned but not provided, he is entitled to claim damages for the cost of fitting such a thermostat. I note that he has limited his claim to the installation costs of $491.63 and has cover...

3. BN v DS [2023] NZDT 144 (31 May 2023) [pdf, 96 KB]

   ...BN had bought and paid for. (c) BN has received nothing in return for the $1,150 he paid to DS. Therefore BN’s loss is $1,150. (d) DS is liable to pay $1,150 to BN. 14. The bank account for payment is on Page 2 of the Disputes Tribunal claim form sent by email to DS on 4 May 2023 at 12.36 p.m. Referee: J.F. Tunnicliffe Date: 31 May 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

4. UE & QO v CO Ltd [2023] NZDT 159 (23 March 2023) [pdf, 116 KB]

   ...which the Ombudsman assessed at $38,857.35 (being the second discharge of debt agreement). 9. On 21 May 2022 the applicants filed a claim in this Tribunal seeking payment of $43,717.00 on the similar grounds. These were expressed in their claim form as: a. Unethical and abusive banking practice b. Aggressive repayment terms that impacted on their ability to recover c. Being repeatedly traumatised by CO Ltd d. Being forced to obtain an interest-bearing loan (of $9,000.0) to re-pay...

5. SD & QD v NU [2023] NZDT 587 (16 October 2023) [pdf, 96 KB]

   ...went overseas. NU provided a copy of the motor registration in his parents name and a copy of a bank statement showing he transferred the purchase price of the vehicle to his parents a few weeks after the sale. 8. In view of the registration information and the bank transfer, I find it likely NU’s parents were the owners of the vehicle and that NU was selling on their behalf. 9. As NU was selling on behalf of his parents, any representations made by him were made on behalf of hi...

6. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

   ...circumstances, which related RVB’s employment. 12. The Applicants demanded to know the details of the change to the Respondents’ personal circumstances, which the Respondents claim is personal and they are not willing to disclose sensitive private information. 13. The case law proffered by the Applicants involves a purchaser that attempted to avoid a Sale and Purchase Agreement on a financing condition but for reasons other than financing. The court found that the Respondent h...

7. FP v T Ltd [2023] NZDT 635 (17 November 2023) [pdf, 186 KB]

   ...been gouged by the rain run-off and by applying fertiliser and eventually broad leaf spray. He advised he would return within two weeks to complete this and he didn’t. Subsequently, when he did arrange for it to be done, the contractor he sent out formed the opinion that due to the state of the lawn that, it needed to start over. If not, is FP entitled to claim $4,132.00 9. Under the CGA, if the services are not provided with reasonable care and skill, and the supplier is unable or...

8. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...him stress. 4. BW seeks all his rent paid of $3,486.00 returned to him and $1,514.00 for the stress he says has suffered. 5. XT has not contested any of this evidence. He did not file any defence or response to the allegations in the claim form. He did not attend today’s hearing. 6. This Tribunal has jurisdiction for claims in contract. The flat sharing agreement is a contract. The major benefit of a flat sharing agreement is the provision of a place to live. One of the implie...

9. KW v T Ltd [2024] NZDT 195 (28 March 2024) [pdf, 203 KB]

   ...infiltration incident, where he conceded that he may have missed a scheduled spray. 5. To support his claim that the insect infiltrations were caused by poor workmanship in the installation of the unit, KW provided evidence from B Ltd in the form of an email that states in part ‘The entry point of the sensor beam wire which came in through the back of the control box was not sealed. That is where the slug could have got in and shorted the board, and as for the spraying of insec...

10. QD v QC [2023] NZDT 461 (3 July 2023) [pdf, 105 KB]

    ...480kg carcass should yield about 320kg in processed meat (two-thirds of the carcass weight). QC based this on: i. Conversations that he has had with other butchers; and ii. His own research on the internet. I can give little weight to information that QC gives me about what other people have told him. That is hearsay evidence. With regards to QC’s internet research, he provided a single citation from an unknown website which states: If you purchase a 1,200lb steer w...