Search Results

1. NS v T Ltd [2021] NZDT 1593 (23 June 2021) [pdf, 214 KB]

   ...towed back. T Ltd invoiced a further $750.00, but NS refused to pay the invoice. 4. NS now claims a refund of $3,339.08, while T Ltd counterclaims payment of the $1,169.00 balance of its invoices. After the original order by Referee Meyer in this matter, but before this rehearing of the matter, NS sold his boat, including the faulty motor, to a third party. 5. The issues to be determined are: a) Was there a binding settlement agreement? b) Were T Ltd’s services fit for the purpose?...

2. BT & NS v Q Ltd [2023] NZDT 66 (26 April 2023) [pdf, 205 KB]

   ...amended to $249.83 to include the GST ($217.25 plus $32.58); and (b) the total to pay has been amended to $406.83 (flowers $249.83 plus [champagne] $247.00); and (c) the payment date has been amended to 12 May 2023. Reasons: 3. This matter had previously been adjourned as further time was required. 4. In August 2021 BT and NS (“the applicants”) entered into a Wedding Agreement with Q Ltd (“the respondent”) for their wedding reception. BT and NS were dissati...

3. S Ltd v M Ltd [2024] NZDT 249 (11 March 2024) [pdf, 182 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

4. Teh-Yule v Accident Compensation Corporation (Late Filing of Appeal) [2023] NZACC 167 [pdf, 215 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical cha...

5. Dean v Accident Compensation Corporation (Late Filing of Appeal to District Court) [2023] NZACC 168 [pdf, 211 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. 3 [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radi...

6. V Ltd v BS [2023] NZDT 695 (8 December 2023) [pdf, 154 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

7. QL Ltd v JM Ltd [2023] NZDT 397 (5 September 2023) [pdf, 203 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

8. EB v T Ltd [2024] NZDT 328 (21 May 2024) [pdf, 98 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

9. FU v IX [2024] NZDT 527 (2 August 2024) [pdf, 183 KB]

   ...illness)? (c) If so, was that loss substantial, so as to entitle a refund without first giving an opportunity to resolve the health issues? Was the respondent in trade, for the purposes of the Consumer Guarantees Act? 5. It can be a difficult matter to determine whether a person who breeds and sells puppies is doing so “in trade” or privately. Given the next findings made below, nothing turns on this, but as indicated in the hearing, it was likely that the respondent was “...

10. DZ v LU & IW Ltd [2024] NZDT 469 (4 June 2024) [pdf, 200 KB]

    ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...