Search Results

1. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   ...most likely that the dental work undertaken by E Ltd in relation to four of the five fillings done by E Ltd was not provided with reasonable care and skill and was not fit for purpose. 4. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee that the services will be provided with reasonable care and skill and will be reasonably fit for purpose. 5. In October 2021 TD had five fillings done in her teeth by E Ltd. The fill...

2. M Ltd v FL [2025] NZDT 39 (11 February 2025) [pdf, 111 KB]

   ...Applicant carry out the works with reasonable skill and care? b. If not, what remedy is available? Did the Applicant carry out the works with reasonable skill and care? 5. I find that, on balance, the Applicant did carry out the geotechnical services and additional works to stem the water seepage from the probing of the ground with reasonable skill and care. 6. The Consumer Guarantees Act 1993 (CGA) provides that where services are provided to a consumer there is a guarantee...

3. Rec-Recap-2023-Q3-FINAL.pdf [pdf, 790 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2023 Office of the Chief Coroner | 2023 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a dea

4. LCRO 20/2016 LC and CM v JP (19 March 2019) [pdf, 238 KB]

   ...applicants had not paid the deposit, and there is no evidence of Mr JP having sent the authority to the agent on 26 March 2015. [4] The applicants paid the deposit into the agent’s trust account on 27 March 2015. [5] On 31 March 2015 the agent phoned Mr JP, asked him to sign the authority, and reminded him he would need the applicants’ instructions before he did so. [6] Although there is no direct evidence from the agent, the materials available on review suggest the age...

5. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...The Applicants seek an order for the refund of the deposit from the Respondent. 2. The issues to consider are: a. Can the Applicants make a claim under the Consumer Guarantees Act 1993 or negligence? b. Did the Respondent provide the service with reasonable skill and care? c. If not, what is the appropriate remedy? Can the Applicants make a claim under the Consumer Guarantees Act 1993 or negligence? 3. I find that the Applicants are entitled to make a claim pursua...

6. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...costs incurred when they sent the matter to debt collectors on 31 December 2022. CI0301_CIV_DCDT_Order Page 2 of 4 6. The issues to be determined are: • Did TG agree to OL Ltd’s terms of engagement? • Did OL Ltd provide its advocacy services to TG with reasonable care and skill? • If not, what remedy is available to TG? Did TG agree to OL Ltd ’s terms of engagement and are the terms harsh or unconscionable? 7. I find that a contract was formed between TG and O...

7. YM v F Ltd [2024] NZDT 64 (20 February 2024) [pdf, 223 KB]

   ...purchased together. Her solicitor initially contacted NP of F Ltd in January 2022 to enquire about whether the business could carry out accounting work required for the case. 2. NP then made contact directly with YM and discussed the case over the phone, sending her through a letter of engagement to sign. On 1 February 2022, YM signed the letter of engagement, which provided hourly rates and gave an estimate of costs for the work of between $6000-$10,000.00. YM paid a deposit of $3000...

8. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...dysplasia. 3. CK and HC are claiming $15,114.17 from KD being the refund of the purchase price of $4500 together with the costs of OP’s diagnosis and treatment. 4. At today’s hearing only CK and HC attended. KD was contacted three times on the phone number provided (between 9.15 and 9.25) but each call went to answerphone. The hearing can proceed in the absence of a party (see s42 Disputes Tribunal Act) 5. The issues for determination are: a) Was KD in trade of selling do...

9. BI v ID [2024] NZDT 806 (13 September 2024) [pdf, 113 KB]

   ...collision, was driving his father’s vehicle unsupervised, and according to BI, ID did not have L plates visible at the time of the collision. Although initially responsive, BI said that he only had ID’s contact details on social media, no actual phone number or email. ID did not send his email address as promised, and stopped responding to BI’s calls online. BI eventually found ID’s parents address that is publicly available through social media and brought a claim to the Tribun...

10. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

    CROOK V SOVEREIGN SERVICES LTD WN WC 34/07 18 December 2007 IN THE EMPLOYMENT COURT WELLINGTON WC 34/07 WRC 14/06 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JENNIFER MARY CROOK Plaintiff AND SOVEREIGN SERVICES LIMITED Defendant Hearing: 29, 30, 31 October and 1 and 2 November 2007 (Heard at Wellington) Appearances: B A Buckett, Counsel fo rthe Plaintiff Peter Churchman and Bridget Fleming, Counsel...