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1. 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

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. EQ & KQ v S Ltd [2024] NZDT 606 (22 July 2024) [pdf, 114 KB]

   ...the amount ordered is not for Tribunal costs. Conclusion 12. For these reasons S Ltd is to pay KQ and EQ the sum of $6,682.75 by the date stated in the order. Referee: K Rendall Date: 22 July 2024 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 r...

9. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...3750.00 which he increased to $4470.00 at the hearing, being a refund of $720.00 plus $3750.00 for 5 weeks storage necessary because of delay caused by G Ltd leaving the site after a week. 5. The issues to be determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutor...

10. Monitoring procedures

    ...from four to eight years. Sometimes a periodic report covers multiple reporting periods. Common core document In addition to the report, a State also has to provide the United Nations with a ‘common core document’. This is a document containing information of a general and factual nature relating to the implementation of all the treaties to which the reporting State is party and which may be of relevance to all or several treaty committees. When a treaty committee considers a periodic repor...

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