Search Results

1. FU v KT & G Ltd [2023] NZDT 431 (5 September 2023) [pdf, 180 KB]

   ...Does the Consumer Guarantees Act 1993 apply to the sale? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. The CGA applies to consumer contracts where the supplier of the goods or services is in trade, and includes situations where the supplier, “supplies goods to a consumer by— transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire, or hire purchase to which that p...

2. IU Ltd v NO [2023] NZDT 409 (26 July 2023) [pdf, 95 KB]

   ...until 5 July 2022 to [Collection Agency 2] citing the fact that he had not signed the engagement letter and that he shouldn’t be charged for “every single paper clip” and financial hardship. The Respondent did not raise any dispute with the services he received and continued to instruct after the first invoice was received and paid. 10. On 8 June 2023, the Applicant amended its claim to $5,748.37 to include ongoing penalty interest. 11. On 29 June 2023, the Applicant amended i...

3. X Ltd v LG [2023] NZDT 358 (28 July 2023) [pdf, 95 KB]

   ...APPLICANT X Ltd RESPONDENT LG The Tribunal orders: LG as trustee of LB is to pay X Ltd $6781.55 by 18 August 2023. Reasons Introduction: 1. X Ltd was contracted by LB trustees to provide forest operations and management services for the harvest of forestry at LB’s property at [address]. 2. X Ltd carried out all works, including to contract and pay sub-contractors on LB’s behalf. 3. X Ltd was paid the revenue from the sale of logs and deducted the su...

4. LN v B Ltd [2024] NZDT 634 (15 November 2024) [pdf, 172 KB]

   ...a ‘no parking’ or ‘towing’ sign directly in front of it, but a private parking space does not require this. There is no evidence of a parking sign to indicate the parking spaces are for the use of the general public and because they clearly service commercial buildings a reasonable person would be aware the spaces are not for the general public to park in. 5. I have considered whether $396.55 is a reasonable cost. I am aware from numerous claims the cost to perform a private t...

5. EI v Q Ltd [2024] NZDT 322 (18 April 2024) [pdf, 91 KB]

   ...purpose that it is intends to serve. [5] An occupier wishing to compel another occupier to contribute to the cost of a fence is required to serve a notice to the other. There is no liability for any work done before the notice is served or between service of the notice and the expiry of 21 days or service of a cross-notice. The provisions of the notice are clearly spelt out and must include a description of the boundary to be fenced, the type of fence, the method of construction, the est...

6. B Ltd v QM [2024] NZDT 288 (8 May 2024) [pdf, 93 KB]

   ...received all the goods ordered. However I find B Ltd was not obligated to accept responsibility for that order. Any offer from B Ltd to take on the obligations of M Ltd was subject to new contract being entered into. As B Ltd provided the goods and services in accordance with the new agreement signed and accepted by QM, I find him liable to pay the balance outstanding of $3072.80. Referee: DTR Edwards Date: 8 May 2024 Page 3 of 3 Informati...

7. P Ltd v UC [2024] NZDT 384 (29 May 2024) [pdf, 93 KB]

   ...the Disputes Tribunal Act 1988 I can resolve a dispute in the absence of one or more of the parties. Has UC breached a legally binding contract? 5. 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 that are agreed by the parties at the time the contract is formed. If written terms and conditions are to be binding upon the customer, t...

8. FC Submissions on contributions to cost of service provision (MOJ0611) [pdf, 1.2 MB]

   1 Submissions on contributions to the cost of service provision I, (full name) of (suburb) submit that: Tick one or both Contributing to the cost of services will cause my dependent children or myself serious hardship. The circumstances of the case mean that I should not pay the same amount of costs as other parties to the case. Complete the relevant section To make a submission that contributing to costs will cause you serious hardship, complete: • Part A: Serious hard...

9. Family Legal Advice Service Operational Policy v1.7 July 2017 [pdf, 460 KB]

   Family Legal Advice Service Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.7 July 2017 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in rela...

10. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

    ...and to require production of the client file. [27] The assessor was duly appointed under terms of appointment that required him to inquire and report on five matters. These were: (a) whether the fees charged were fair and reasonable for the services provided in terms of the applicable Rules (discussed later); (b) whether the respondent’s time/cost records accurately reflected the work carried out by his firm and, if not, to what approximate extent they did not reflect time...