Search Results

1. T v C Ltd v IQ & LQ [2023] NZDT 230 (18 September 2023) [pdf, 185 KB]

   ...and letting out properties, however I am not persuaded C is acting as an agent in this case. C contracts with property owners to let their properties, it has exclusive contracts and the owners are unable to let their properties without using C’s services. C controls the entire rental process and takes service fees and commissions directly from the renter not the property owner. No commission or service fee is paid by the property owner. IQ & LQ tell me, C sets the rental price and th...

2. ND v LB Ltd [2023] NZDT 458 (15 August 2023) [pdf, 188 KB]

   ...If so, how much and why? Is ND entitled to a remedy? If so, which remedy does he wish to pursue? CI0301_CIV_DCDT_Order Page 2 of 4 6. The supply of the shade cloth comprised a mix of goods (the cloth itself plus fittings) and services (measure and install). The CGA provides guarantees to a consumer for both of these things. Section 6 of the CGA provides that goods will be of acceptable quality, and section 28 that services will be provided with reasonable care and sk...

3. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...fact, and it would be unreasonable to rely on it as such, especially given the age of the car. 8. The seller did make two statements that qualified as representations: that the car had been “well looked after mechanically” and that it was last serviced at 192,000 km. The latter is a misrepresentation, as the last service was at 189,495 km. It does not matter that it was a mistake rather than being intentional, because s 35 includes innocent misrepresentations. However, the difference...

4. BS v NT [2025] NZDT 51 (13 March 2025) [pdf, 188 KB]

   ...reduced rate, but did not consider she had been adequately informed about any obligations she had. 3. BS initially invoiced NT the sum of $735.00, of which $635.00 was paid. BS now claims a further $1,025.00, being the non-discounted rate for her services on the basis that she did not receive any promotional benefit from the arrangement. BS also claims the Disputes Tribunal filing fee of $117.00 and $420.00 for her time in preparing the claim. 4. The issues I have to consider are:...

5. HN v D Ltd [2025] NZDT 136 (14 February 2025) [pdf, 209 KB]

   ...$10,000. The original claim also included a decontamination cost of over $7,000 but this was abandoned by Mr M of J Ltd at the hearing on 14 February 2025. 3. The issues to resolve the claim are: a. Did D Ltd use reasonable care in: i. Servicing the frost pot in the workshop? ii. Having fire protection equipment available? b. If not, what are the reasonable and foreseeable losses to Mr N for D Ltd is liable? Did C Ltd use reasonable care in servicing the frost pot in the w...

6. SU v S Ltd [2025] NZDT 142 (14 February 2025) [pdf, 100 KB]

   ...reasonable care and skill and was it fit for the purpose? b) What sum, if any, is payable? Was the work done with reasonable care and skill and was it fit for the purpose? 5. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. Where part of the service involves providing advice on the work to be done, the advice must itself be provided with...

7. Universal Homes Limited 155 [pdf, 989 KB]

   ...(550 Don Buck Road, Massey). 6. UHL takes a neutral stance on the relief sought . Dated at Auckland the 31st day of October 2017. Universal Homes Limited by their solicitors and duly authorised agents BERRY SIMONS: S J Simons ADDRESS FOR SERVICE OF UNIVERSAL HOMES LIMITED Berry Simons PO Box 3144 Shortland Street AUCKLAND 1140 Telephone: (09) 969 2300 Facsimile: (09) 969 2304 Email: sue@berrysimons.co.nz Contact person: Sue Simons, Partner Page 3

8. Universal Homes Limited 156 [pdf, 971 KB]

   ...Buck Road, Massey). Page 2 6. UHL takes a neutral stance on the relief sought. Dated at Auckland the 31st day of October 2017. Universal Homes Limited by their solicitors and duly authorised agents BERRY SIMONS: S J Simons ADDRESS FOR SERVICE OF UNIVERSAL HOMES LIMITED Berry Simons PO Box 3144 Shortland Street AUCKLAND 1140 Telephone: (09) 969 2300 Facsimile: (09) 969 2304 Email: sue@berrysimons.co.nz Contact person: Sue Simons, Partner Page 3

9. Horticulture New Zealand.pdf [pdf, 131 KB]

   ...HortNZ agrees to participate in mediation or other alternative dispute resolution of the proceedings. Lucy Deverall Advisor, North Island, Natural Resources and Environment Horticulture New Zealand 29 September 2020 Addresses for service: Horticulture New Zealand PO Box 10232, Wellington 6143 Phone: 027 582 6655 Email: lucy.deverall@hortnz.co.nz Contact person: Lucy Deverall Helen Atkins/Tom Gray PO Box 1585 Shortland Street AUCKLAND 1140...

10. Kiwi Property Group Limited & Kiwi Property Holdings Limited 202 [pdf, 317 KB]

    ...proceedings. DAA-004282-186-148-V1 Signed for and on behalf of Kiwi Property Group Limited and Kiwi Property Holdings Limited by their solicitors and duly authorised agents Ellis Gould: D A Allan Date: this S ~ day of 0&h~ 2016 Address for Service of Section 274 Party: The offices of Ellis Gould, Solicitors, Level 17, The Vero Centre, 48 Shortland Street, Auckland (PO Box 1509, Auckland , 1140), DX CP22003, Phone: 09 307-2172, Facsimile, 09 358-5215. Attention: D A Allan ,...