Search Results

1. NP v KM 2 [2023] NZDT 340 (20 June 2023) [pdf, 194 KB]

   ...saddle (as set out in paragraph 19 below). Background 1. The adjournment order dated 8 March 2023 sets out the background to the dispute. 2. Pursuant to that order, NP returned the saddle to KM, and KM had it assessed by BN. 3. KM informed the Tribunal that, on the basis of BN’s findings, she did not agree to refund the purchase price to NP. A second hearing took place by phone on 2 June 2023. Findings 4. It is not disputed that KM’s Facebook Marketplace listi...

2. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

   ...lapse of time. B Ltd said that the relevant staff members were no longer with the company, and practices have changed in the years since EQ’s treatment. Difficulties in defending old claims due to records being lost and memories fading over time form part of the rationale behind having limitation periods, and could also be a reason to view a claim under the CGA as having been waived by such a long delay. However, it is unnecessary to decide CI0301_CIV_DCDT_Order Page 2 of 3 w...

3. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

   ...breaches of the FTA or the CGA, or for that matter the terms and conditions of the contract between NM and the company, the claim is therefore dismissed. Referee: M Wilson Date: 25 October 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...

4. KD v LT [2023] NZDT 317 (9 August 2023) [pdf, 93 KB]

   ...work, rather than proceeding to have repairs done without first contacting him. He said that some weeks had passed between the date he sold the unit and when he had first learned of KD’s concerns, and he had offered a refund as soon as he had been informed of the problems with the unit. The issue [6] I must decide whether the fridge-freezer was accurately described by LT as “good working” and, if it was not, what reasonable compensation LT must pay. The law CI0301_CIV_DCD...

5. [2024] NZEnvC 125 Minister of Conservation v Marlborough District Council [pdf, 401 KB]

   ...consent, orders that: 1 Resource Management Act 1991. 2 the appeals are allowed. The Marlborough District Council is directed to amend the proposed Marlborough Environment Plan by making the changes set out in Appendix 2 attached to and forming part of this order; the balance of the appeals remain extant. B: Under s285 of the RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns appeals on the Indigenous Biodiversity topic of the pro...

6. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [pdf, 199 KB]

   ...Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost approximately $1,500.00 for the head cylinder plus two days labour. The total quote for the job was in or around $3,000.00. Repairs were carried out and when NN went to collect the ute, he was charged $8,668.99 for th...

7. NC v KU [2023] NZDT 425 (4 September 2023) [pdf, 186 KB]

   ...car the car works fine? 5. I find that KU did not make a misrepresentation when she meet with NC and clarified that the cars works fine, and that money would need to be spent on the car to get it road legal. I make this finding on the following information: a. KU stated she informed NC that the car worked, and that money would need to be spent to get it road legal. She said NC kept making low offers to buy the car and when doing so he would say that he didn’t know if there was any...

8. 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...

9. 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...

10. 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...