Search Results

1. MX & YR v D Ltd [2023] NZDT 465 (16 August 2023) [pdf, 197 KB]

   ...second container meant that a cubic metre rate of $150.00 +GST would be charged. They protested the rate but confirmed the loading and it was only at that point that D Ltd booked the freight (the timing is evidenced by their ferry freight booking form provided). MX and YR paid the invoice of $2550.00 (which had been reduced to $150 incl.GST) for the second container and it was delivered to them on 14 April 2023, having shipped on 12 April 2023 (there was a delay from 4 April 2023 to 12 Ap...

2. TC & UD v D Ltd [2023] NZDT 406 (15 September 2023) [pdf, 188 KB]

   ...However, this quotation appeared to be excessive and was not sufficiently itemised. I directed that a more detailed quote was to be provided. While it has slightly more detail, the second quotation, for $10,879.41, does not contain sufficient line information to gauge whether it is correct or accurate, and it remains excessive. 16. The hallway area is approximately 29 m², but the quotation is for 77 m² of wall area, 21 m² of ceiling and 12 doors. D Ltd is not liable to repaint...

3. SB v QD [2024] NZDT 91 (26 February 2024) [pdf, 95 KB]

   ...[Town] known as the [Gallery]. QD is an artist in the area who on occasion has placed items with the gallery for sale. QD also worked sometimes as a volunteer. QD’s painting [The painting]” was exhibited in the gallery. QD withdrew the painting form the gallery and took steps to sell it. SB became aware that the painting had been sold. He claimed that sales of QD’s work attracted a commission to him of one third of the sale price. The painting had been at his gallery for sale...

4. DCJ EOI Form [pdf, 113 KB]

   ...Mob________________________________ Email ______________________________________________________ Do not supply any contact details that you do not wish to have used. Date of birth _______________________________________ Day Month Year The following information is gathered for statistical purposes. Are you Male Female Are you a New Zealand Citizen? Yes No If not, please specify your citizenship: _____________________________________________________ Ethnicity:...

5. DO v J Ltd [2024] NZDT 768 (19 November 2024) [pdf, 101 KB]

   ...consider it appropriate to award costs relating to the filing of this claim. 22. The Respondent is to pay the Applicant an amount equal to $3,394.58. Referee: A Chand Date: 19 November 2024 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...

6. NC & QC v C Ltd [2024] NZDT 840 (11 December 2024) [pdf, 99 KB]

   ...would be unlikely if the longer screw was used. 11. The holes with damage have ‘stretched’ and cracked and appear to be more than cosmetic. The timber appears to be unstable and weak. 12. Having heard from the parties and considered the information provided, I find, on the balance of probabilities, that the middle panel is not of acceptable quality. 13. Under section of the CGA, a failure of substantial character is one where the product (among other things) is unsafe, is u...

7. 29 July 2025 Heritage Lifestyle Parks NZ Limited v New Plymouth District Council [pdf, 181 KB]

   ...after that; or • For all other applications, the first half-day is free. After the first half-day there will be a $385 fee for each half-day or part half-day after that. The fees must be pre-paid in accordance with the Resource Management (Forms, Fees and Procedure) Regulations 2003. The time allocated by the Court provides an indication of your potential liability for Court hearing fees in this case. 2 PROCEDURES At the start of the hearing, the Court will consider any...

8. TG v E Ltd [2024] NZDT 289 (10 May 2024) [pdf, 102 KB]

   ...October 2021 for substantial renovations to the applicant’s home. The contract was terminated by the applicant in July 2022 before the works were completed. TG’s written submissions provide full detail of her dissatisfaction with E Ltd’s performance. The claim 5. Generally, TG says that a project cost blowout occurred and was caused by E Ltd and its lack of financial transparency. Due to that she has refused to pay E Ltd’s two final invoices ($24,890.65) and seeks a decl...

9. ZX v UE [2024] NZDT 546 (6 August 2024) [pdf, 104 KB]

   ...2. ZX must prove her claim on the “balance of probabilities”. That means that ZX must prove that “it is more likely than not that” UE breached The Contract and Commercial Law Act 2017 section 35. 3. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. In other words ‘an exchange of promises’. 4. UE made and offer to sell his car to ZX and ZX accepted the offer. At that point the parties entered into a

10. EI & MQ v M Ltd [2024] NZDT 485 (19 June 2024) [pdf, 95 KB]

    ...February 2024, agreed to wait a further six weeks for the delivery of a replacement bed package based on M Ltd advising that was how long it would take. After 10 weeks, MQ and EI contacted M Ltd inquiring as to where the bed package was. They were informed it was on a container and there was no delivery date provided. In mid-April MQ and EI contacted M Ltd and advised if they could not provide a delivery date then they wanted a refund. M Ltd at first asked for an extension to 31 May 2024 t...