Search Results

1. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...then reinforce the position of buyer beware in private sales, except in limited circumstances. 10. However, there is relief available for a buyer of a good in a private sale when a misrepresentation is made in the process of the contract being formed. Under section 35 of the CCLA when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages as if the representation were a term of the contract that has been...

2. EQ v G Insurance [2023] NZDT 428 (14 September 2023) [pdf, 188 KB]

   ...District Court [2023] NZDT 428 APPLICANT EQ RESPONDENT G Insurance The Tribunal orders: G Insurance Limited is to pay EQ the sum of $30,000.00 on or before 3 October 2023. Reasons: 1. In May 2022 the council performed a pool safety inspection on EQ’s swimming pool and failed it due to the fencing. EQ was required to empty the pool until the fencing was repaired. EQ emptied the pool on 28 May. On 11-13 June there was a heavy rain event, the pool li...

3. IX v HO [2024] NZDT 90 (28 February 2024) [pdf, 98 KB]

   ...to see any such evidence, no amount is awarded in regard to this part of the claim. 14. HO is to pay IX $1,200.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: M Wilson Date: 28 February 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 rehe...

4. UD v ST & NT [2024] NZDT 726 (5 November 2024) [pdf, 197 KB]

   ...27. ST and NT have not proven that UD was negligent. 28. Accordingly, UD is not liable for a replacement engine. Is UD entitled to reimbursement of the towing expense? 29. UD incurred an unexpected expense as the result of not being informed of the issues with the vehicle. 30. UD acted in good faith to take care of ST and NT vehicle and get it home safely and at a reasonable expense. 31. UD had the benefit of using ST and NT vehicle during the 3 week stay and fuel, ma...

5. 25 November 2024 Ngati Whatua Orakei Whai Maia Ltd v Auckland Council [pdf, 249 KB]

   ...EC4180_NoticeOfHearing • 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...

6. KI v ST [2024] NZDT 870 (17 December 2024) [pdf, 96 KB]

   ...after it occurred. She moved her steers back into the paddock and discovered that the metal farm gate was damaged, she believes, from an impact with an unknown third party vehicle. The photos show that the metal gate is dented inwards and the bolt forming part of the gate latch has been ripped out of the post. What appear to be fresh skid marks on the verge leading to the gate can also been seen in the photos. 7. ST has also provided a receipt from February 2023 to show that a new roads...

7. HX v OH [2024] NZDT 849 (7 October 2024) [pdf, 105 KB]

   ...be paid that amount, but that they did need to re-negotiate the price. OH wanted her float back. After some discussion they agreed to $3,800 cash plus a small disused tractor and mulcher that HX had seen on OH’s property. 7. On 13 March HX informed OH that upon closer inspection of the tractor he decided that to was “too far gone” and he was no longer interested in the tractor and mulcher. 8. On 27 March, OH paid HX a further $1,800, bringing the total she has paid to $4,800....

8. KD & SB v W Ltd [2024] NZDT 894 (19 December 2024) [pdf, 192 KB]

   ...within an acceptable range. 12. The respondent’s position is that the moisture ingress would have occurred while the boards were stored in the storage container on site as it was a particularly hot and wet summer. The respondent has also been informed that often telegraphing does not become apparent until the floorboards are laid due to the pressure on the boards. At the hearing the employee who opened the box said that only one board had a very slight sign of rippling. In terms of t...

9. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...were reasonably fit for purpose. 25. For these reasons I find that BG has not proved her claim and it is dismissed. Referee: K Johnson Date: 02 September 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...

10. DN v MH & WH [2024] NZDT 664 (8 September 2024) [pdf, 193 KB]

    ...says there is not an adequate fence must either: a. come to an agreement with the adjoining occupier about the fence; or Page 2 of 4 b. follow a process under section 10 of the FA by giving a s10 notice and providing sufficient information to the other occupier about both the proposed fence, and the process for serving a cross-notice if the other occupier does not agree with the fence. 6. I find no agreement has been made between the parties to erect the fence....