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1. 5 Alternative Dispute Resolution revision [pdf, 128 KB]

   ...Page 1 of 4 5. Alternative Dispute Resolution (ADR) 5.1. Introduction a) The Managing Judge generally refers matters to mediation in the first instance, subject to any directions under s268. b) Other types of ADR are also available upon request of the Managing Judge. c) Where the Managing Judge does not consider mediation appropriate or mediation is refused by parties, the court will set down the matter for hearing. 5.2. Who must attend a) Where referred for mediation p...

2. TD v DJ Ltd [2022] NZDT 167 (13 October 2022) [pdf, 163 KB]

   ...in his claim he would need to show that DJ Ltd did not use reasonable care and skill when it provided its carparking service. He would need to show that it failed to do something that a reasonable provider of an airport car park would do. 10. Form the evidence provided, I find that TD has not shown that DJ Ltd failed to use reasonable care by failing to do something that it ought to have done in this situation to stop the theft of TD’s vehicle. Although TD considered that DJ Ltd...

3. KN v MQ Ltd [2022] NZDT 187 (21 October 2022) [pdf, 108 KB]

   ...guarantee, whereby the vendor agreed to pay for an untenanted period after the settlement date up to a maximum of $3,600 or six weeks’ rent (whichever is lesser). To be eligible for this payment, the purchaser needed to provide three pieces of information to the vendor, one of which (cl. 36.1(a)) was: “If the purchaser is not part of the Collective Property Management Agreement pursuant to clause 37, a fully signed rental listing agreement with one of the agents recommended by the ve...

4. FX & QX v MC Ltd [2022] NZDT 154 (22 September 2022) [pdf, 101 KB]

   ...District Court [2022] NZDT 154 APPLICANT FX APPLICANT QX RESPONDENT MC1 Ltd The Tribunal orders: 1. Claim Dismissed. 2. A copy of this Order is to be sent to SNO, [email address] for his information, as I have been advised that he is another Trustee but has not been named as an applicant to this claim. REASON 3. In 2008 FX & QX entered into a contract with MC2 Ltd, trading under the HK franchise, for MC2 Ltd to build a new...

5. OX v QT Ltd [2021] NZDT 1671 (16 August 2021) [pdf, 95 KB]

   ...evidence presented OX’s vehicle was parked in the carpark for no more than 5-10 minutes. I find the $95.00 he has paid is more than sufficient compensation. Was OX a party to a contract in parking where he did? 8. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 9. QT’s letter infers there was a contract between the parties. The letter states...

6. QM v QU Ltd [2021] NZDT 1673 (11 October 2021) [pdf, 117 KB]

   ...prepared to refund the purchase price, minus $20% restocking fee, under QU’s “Change of Mind Policy”. 8. QM claims a refund of the $1,699.00 purchase price and the $12.08 delivery charge. 9. Note: The value of the claim on the claim form was stated as $10.00. LX, QU’s representative at the hearing, understood that was a mistake and agreed that the claim amount be increased to $1,711.08 and to continue with the hearing. Issues 10. The issues for the Tribunal to dete...

7. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...workshop submitted that it had a right to detain the Polaris until its invoices were paid. There was no evidence of an express contractual lien, but the common law recognises a worker’s lien, which applies where someone has improved goods by performing work on those goods. The lien allows the worker to detain the goods in order to obtain payment of the charges for that work. It does not allow the goods to be detained to obtain payment for different work on different goods. Therefore, it...

8. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...Hearings 6. Hearings will be conducted in person unless a judge directs otherwise (AVL or other hearing models may still be directed). 7. A party may seek a direction that a matter should be conducted with all participants appearing remotely.2 A request for a matter to be conducted remotely should be made five working days in advance of a hearing. 8. A party may apply to participate in a hearing by remote technology.3 A request for a participant to appear remotely should be made...

9. Environment Court COVID-19 Protocol - September 2022 [pdf, 166 KB]

   ...Hearings 6. Hearings will be conducted in person unless a judge directs otherwise (AVL or other hearing models may still be directed). 7. A party may seek a direction that a matter should be conducted with all participants appearing remotely.2 A request for a matter to be conducted remotely should be made five working days in advance of a hearing. 8. A party may apply to participate in a hearing by remote technology.3 A request for a participant to appear remotely should be made...

10. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

    ...the cracked benchtop with the same sort. The new benchtop does not match the remaining benchtop. The applicants are claiming for the cost of replacing the cracked bench top and the cost of a new matching bench top. 6. It was not disputed that a former company called S produced the original benchtop and that it was 6mm to 8 mm thick with a backing board. It was a benchtop veneer as an alternative to expensive benchtops which are traditionally imported from [Country]. 7. The benchtop...