Search Results

1. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...contract which was made in writing; is clearly expressed to be at owner’s risk; and is signed by the parties. 9. For the avoidance of doubt, I accept: a. “in writing” and “signed” in this case refer to completion of an online booking form, which was completed by IC’s wife ND on the family’s behalf; b. for the purposes of the CCLA I am satisfied the steps necessary to complete the online booking in the sense that items are ‘written’ or ‘signed’ doe...

2. EN & JE v TT & EH [2024] NZDT 754 (5 November 2024) [pdf, 98 KB]

   ...therefore made for one week of rent. Are EN and JE entitled to be refunded the full amount of the bond? 8. The parties agree that it was EN who paid the money that was used for the bond. EN showed that it was noted on the tenancy bond lodgement form that he had contributed $2,720 and his partner had contributed $2,720, however, TT and EH were noted on the bond lodgement of having not paid the bond. EN said that as he had paid all the bond, it should have been transferred to him...

3. TN v Q Ltd [2024] NZDT 388 (28 May 2024) [pdf, 98 KB]

   ...price or fixed as to the specified hourly rate charged for however long the job took? 4. When two parties reach agreement about an exchange for value, for example, the provision of services in exchange for money, a legally binding contract is formed. The terms of the contract are those about which there is evidence of agreement from the parties’ actions and words, written or unwritten. 5. There were two quote documents referred to in the hearing. The first was not accepted b...

4. SI v B Ltd [2024] NZDT 326 (8 May 2024) [pdf, 136 KB]

   ...[Country 2 for SINI? (c) What is the appropriate remedy? Did SI require an accompanying person to travel in business class with him under the travel insurance policy? 5. The general law of contract applies. 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 CI0301_CIV_DCDT_Order Page 2 of 4 be certain and clear. Once the terms of a contract are agreed, both parties a...

5. NP v B Ltd [2024] NZDT 502 (13 June 2024) [pdf, 129 KB]

   ...$1,000.00 for the cost she paid to have someone go with her to [City] to inspect the cars she had shortlisted for purchase and $500.00 for a warrant, grooming and some minor repairs she had done soon after purchasing the car. As NP stated in her claim form that she is claiming $3,500.00 this is the maximum that could be awarded in the event NP is successful in her claim. 5. NP also seeks for B Ltd to collect and sell the vehicle from the property she was renting when she was in New Z...

6. C Ltd v T Ltd [2024] NZDT 453 (11 June 2024) [pdf, 183 KB]

   ...business. Is C Ltd entitled to claim compensation of $30,000.00? 7. For a wronged party to be entitled to damages for misrepresentation under s35(1)(a) of the CCL, they must prove that the representation was made to them prior to the contract being formed; the representation induced them to enter into the contract; the representation turned out to be incorrect; and loss was suffered as a result. 8. Sales were so poor that the business had to cease trading. As company director, Mr...

7. XM v MK & NK [2024] NZDT 559 (5 August 2024) [pdf, 99 KB]

   ...consent to the sale of [Boat]? b. Is XM entitled to reject the boat and receive a refund of the $22,000.00 he paid for the boat? Did both owners consent to the sale of [Boat]? 3. When two parties exchange something of value a contract is formed. In this situation there is a record of a written document recording the sale of [Boat] dated 7 March 2024. 4. XM states he responded to an advertisement on [online], and he contacted the phone number given in the advertisement. He...

8. KO v UQ [2025] NZDT 20 (30 January 2025) [pdf, 214 KB]

   ...paid the head tenant a total of $1790 comprising a bond of $1160 and $630 for two weeks rent for the period 11 May to 25 June 2024. 2. On 9 May 2024 or at the latest 10 May 2024, just before the agreement was due to commence, the head tenant informed the flatmate that he had given notice to the landlord and would be vacating the tenancy on 9 June 2024. He also presented the option for her take over the tenancy with the landlord, and for her to find other flatmates but she declined and,...

9. ZT v I Ltd [2025] NZDT 42 (26 February 2025) [pdf, 173 KB]

   ...liability to him. [10] Thus, ZT has proved that I Ltd was not entitled to deduct the sum of $200.00 from him as it did, and his claim is allowed. Referee: C Hawes Date: 26 February 2025 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...

10. DU & MM v KE [2025] NZDT 41 (11 February 2025) [pdf, 101 KB]

    ...obligations from 21 August 2024, and they therefore claim $3,667.42 as the outstanding sum owed by KE. 3. KE accepted that due to changes in his personal circumstances he was unable to continue to meet rent payments, and accepted he did owe money to his former flatmates. 4. The issues to be resolved are: a. Is KE in breach of his obligation to pay shared rent? b. If so, is $3,667.42 the amount of rent arrears owed by him? c. Are DU and MM entitled to $3,667.42 as claimed?