Search Results

1. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

   ...the application. As a result, the complainant became unlawfully in New Zealand after his current visa expired. There were two reasons for Immigration New Zealand not accepting the application. First, there was no police clearance and, second, the job description lacked detail. [1.4] There was a potential answer to the failure to provide a police clearance; as the complainant was not staying in New Zealand long enough to require the police clearance. However, Mr Mudaliar did not raise th...

2. ZG Ltd v KJ Ltd [2020] NZDT 1386 (4 March 2020) [pdf, 188 KB]

   ...the payment as the “Project Engagement Payment”. Therefore, I have determined that the start of the contract was 7 March 2019. 6. I make the following comments: a. A quote is a quote. Where someone gives a quote, it does not matter if the job took 10 hours or 50 hours. In this case the quote given was within a range. It is irrelevant therefore if JIL did or did not spend 15 hours. b. Time was not of the essence. It was only estimated. Therefore, timing is not a crucial ele...

3. NC Ltd v TE & HE [2024] NZDT 597 (17 July 2024) [pdf, 175 KB]

   ...$312,766.81. Both parties agree that TE and HE have paid $314,562.23 to date. I note that NC Ltd’s final invoice/s are for materials or hire costs from external suppliers, costs that were actually incurred in the course of completing the building job. However, the overall cost analysis CI0301_CIV_DCDT_Order Page 2 of 3 conducted, indicates that TE and HE have already overpaid, if anything, based on the paperwork that was available. 8. NT surmises that the appearance of an ov...

4. BQ & S Ltd as trustees of S Family Trust v K Ltd [2025] NZDT 276 (16 July 2025) [pdf, 174 KB]

   ...BQ says she agreed to pay $70 per hour for labour but assumed it would only be for work on site. CI0301_CIV_DCDT_Order Page 2 of 3 7. KC recalls saying that labour charges would be charged from 6.30am when materials would be loaded for the job at their yard, and for travel time, which was approximately one hour. 8. BQ does remember KC talking about the fact that the fencers pack up on site at 6.30am, but not that they charge from 6.30am. 9. The parties have a different recol...

5. [2010] NZEmpC 114 Comptroller of Customs v Smith and anor [pdf, 33 KB]

   ...a strong obligation to repay them promptly. He deposes to having more than $200,000 equity in his home which would enable him to repay money if the plaintiff was successful in its challenge. [18] Mr Smith says that his desire to return to the job is not simply in order to be paid. He says he enjoys the collegiality of working in this job. He believes that it may be difficult to re-establish working relationships if he is kept out of the job for another extended period....

6. DW v VD [2016] NZDT 914 (11 May 2016) [pdf, 154 KB]

   ...in teak h) Has had the MP1 6.2 litre engine UPGRADE FITTED APPROX 2002 and Bravo mercruiser stern leg, way more power and a lot better fuel economy [7] The best evidence before me that items were misrepresented or not is taken from ZZ’s Job Sheet dated 31.03.2011 and YY’s invoice of 3 December 2010, because the work occurred in close proximity to the purchase date. The Job Sheet clearly covers a multitude of items, but DW’s claim of misrepresentation means he has to confine...

7. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...hearing that many of the photographs and descriptions of defects in TC’s report were on parts of the roof outside the scope of work contracted for and carried out by U Ltd. 10. Significantly, although there had been water ingress issues during the job while the house was not fully protected during a storm, TC confirmed that there were no leaking or weather-tightness issues when he inspected the roof after completion of the job. 11. The remedial issues relating to U Ltd’s work t...

8. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

   ...he stayed with TH he removed her existing kitchen and installed a used, but more modern kitchen cabinetry, that he purchased off Trade Me. 11. TH said that she directly paid for appliances for the renovated kitchen and she helped KX on an EQC job he had and he said he would spend what she earned on that job towards the kitchen. She said the job was done for little cost through contacts KX had in the building industry using ‘mates rates’ or not charging at all. 12. There is...

9. X Ltd v EK [2024] NZDT 784 (16 September 2024) [pdf, 110 KB]

   ...costs incurred in going through the Building Disputes Tribunal (‘BDT’) adjudication process. 4. EK reduces his claim against X Ltd to $30,000.00 to stay within the jurisdiction of the Disputes Tribunal. EK’s claim is based on defects of the job, damage, wasted costs incurred, additional costs incurred and to be incurred in the future and consequential loss. 5. The issues to be resolved are: a. What was the agreement between X Ltd and EK? b. Was the job completed with reasonab...

10. B Ltd v H Ltd [2025] NZDT 178 (12 May 2025) [pdf, 206 KB]

    ...large nationwide electrician had indicated that a standard profit margin was around 10%. 27. B Ltd noted that as a small business its profit margin needed to be a lot higher than a larger company. It said it had already purchased materials for the job and so money had been tied up in those. 28. There is no independent evidence to support any of the claims by the parties. While I accept that B Ltd suffered some loss as a result of losing the main contract (and any subsequent variatio...