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1. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

   ...contractual obligation to repay Q any legal fees? b. If not, has Mr L obtained a payment of legal fees for which it would be unjust to retain? Did Mr L have a contractual obligation to repay Q any legal fees? 3. Parties to a contract need to perform their respective obligations. If they do not they will be in breach of the contract and required to compensate the innocent party for foreseeable losses caused. 4. Q has explained that it was an implied term of the contract with Mr L...

2. BC v BJ Ltd [2021] NZDT 1695 (12 December 2021) [pdf, 93 KB]

   ...Ltd breach the contract by treating each loss as separate event requiring an excess deduction before making a payment ? 6. NX’ position is that damage to each of the items was a separate event, which required an individual excess deduction. In forming this opinion, she pointed to the time frame the dogs were left alone, and a 4 July 2019 decision by the Insurance and Financial Services Ombudsman (the IFSO). In that case a dog had vomited and had diarrhoea damaging the carpet in the...

3. NH & ND v U Ltd [2021] NZDT 1681 (7 December 2021) [pdf, 98 KB]

   ...done, this involves starting the process over to replace their roof again. 18. I find on the evidence, that NH and ND are entitled to a full refund of $17,160. Referee: D Alofivae Date: 7 December 2021 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...

4. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the general law of contract and the Contract and Commercial Law 2017. A contract is a binding agreement formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. The general position is that the buyer must be...

5. [2024] NZLVT 006 - Eden Park Bed Breakfast v Auckland Council (26 February 2024) [pdf, 296 KB]

   ...June 2024. On 14 November 2023, Mr McAnulty emailed Auckland Council. The email states (sic): Objection to Rating Information Database Our square meter age is not correct and the value of additions is not showing. … I have authority to request the change to the rating information database … On 21 November 2023, a Customer Service representative for Auckland 1 Valuation reference 02370-00000005800. 3 Council responded stating: … We have checked our records and c...

6. DN v IL Ltd [2023] NZDT 644 (8 November 2023) [pdf, 200 KB]

   ...these issues do not relate to this claim, and I cannot consider them when finalising the order. I hope this will bring the matter to a conclusion for the parties. Referee: P Goddard Date: 8 November 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 re...

7. U Ltd v D Ltd [2023] NZDT 652 (27 November 2023) [pdf, 200 KB]

   ...sum of $15,631.37. This includes interest [see paragraph 8) above] of $688.37. The counterclaim by D Ltd, and the claim by the U Trust, are both dismissed. Referee: GP Rossiter Date: 27 November 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 reh...

8. CI v LU [2023] NZDT 786 (19 December 2023) [pdf, 176 KB]

   ...into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 7. The contract between the parties was formed when the auction closed with the buyer as the highest bidder. The buyer suggested that the point of sale was 23 May on the basis that the auction contract lapsed due to being conditional on the warrant being passed. However, the conditi...

9. SL v QU [2023] NZDT 677 (16 December 2023) [pdf, 190 KB]

   ...by QU, without any reference to any company. CI0301_CIV_DCDT_Order Page 2 of 3 Did QU misrepresent the car? 6. The common law of contact and the Contractual and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law, which applies to private sales of “caveat emptor” or “let the buyer beware.” This implies that the buyer...

10. UT v NU [2023] NZDT 437 (4 September 2023) [pdf, 196 KB]

    ...NU at $30 per hour is $2,520.00. 21. UT has paid NU $2,287.00 more than this and is entitled to be repaid this amount by NU. Referee: S Simmonds Date: 4 September 2023 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...