Search Results

1. KS & MS v TI & ND [2020] NZDT 1596 (13 May 2020) [pdf, 98 KB]

   ...& MS claim costs for legal fees, copying, paper and the filing fee. Section 43 of the Disputes Tribunal Act 1988 expressly excludes the award of costs and therefore I must dismiss the claim for these costs. 14. KS & MS also claim a document service fee and emotional harm. The Fencing Act makes no provision for these claims and therefore I must dismiss this claim for these costs. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: C Murphy Date: 13 May 2020 Pag...

2. SD & QD v NU [2023] NZDT 587 (16 October 2023) [pdf, 96 KB]

   ...found in the glovebox, the fact NU arranged the warrant just before the sale, and the fact he had been in possession of the vehicle for three months after his parents went overseas. 7. NU however stated he merely helped his parents out by arranging servicing on the vehicle, getting the latest warrant and selling the car on their behalf when they went overseas. NU provided a copy of the motor registration in his parents name and a copy of a bank statement showing he transferred the pur...

3. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

   ...Applicants argue that the Respondent failed to attempt to gain financing elsewhere, including approaching the Applicants for vendor financing. The Respondents argue that there was no point as their change of circumstances effected their ability to service the mortgage debt, regardless of who might have provided financing, which is why their preliminary financing approval was withdrawn by the lender. 16. The Respondents acknowledge that their circumstances subsequently improved and they...

4. XU v I Ltd [2023] NZDT 621 (2 November 2023) [pdf, 196 KB]

   ...[building]. ES gave evidence that he does not know who painted the yellow lines and the letters ‘LZ’ and ‘NP’ on the ground. However, he says that it is private property, and he does not want people parking there because it blocks emergency services from accessing the building. ES says he has authorised I Ltd to tow cars that park in that space. 8. MC, director of I Ltd, says that the owner of the [building] will not permit ES to put a sign on the side of its building. In any e...

5. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...RESPONDENT XT The Tribunal orders: XT is to pay $300.00 to BW by 25/1/23. Reasons: 1. XT was called twice: at the allocated time for this hearing and again 5 or so minutes later. Both calls were unanswered and went to a message service. Messages were left including that if the second call was not answered the hearing would proceed in his absence. 2. BW was sharing a flat with 2 others including XT for around 4 months. He did not enjoy staying there. In late September...

6. U Ltd v T Ltd [2023] NZDT 747 (15 December 2023) [pdf, 197 KB]

   ...a machine which has both electrical and gas components. Upon attending, the technician found that the problem related to the gas componentry, and the technician (an electrician) was unable to assist. 2) The respondent says that it engaged the services of the applicant on the basis of an understanding, and expectation, that its technicians would be able to assist including with reference to any issue with the gas componentry. T Ltd states that the applicant was specifically asked to at...

7. OIA-108464.pdf [pdf, 2.2 MB]

   ...justice.govt.nz/about/official-information-act-requests/oia-responses/. If you are not satisfied with this response, you have the right to make a complaint to the Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted by email to info@ombudsman.parliament.nz or by phone on 0800 802 602. Nāku noa, nā Jacquelyn Shannon Group Manager, Courts & Tribunals, Regional Service Delivery Table 1: Applications for HDCA orders filed from 2015 to 2023 T...

8. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

   ...resulting in lid asymmetry had suffered personal injury. On this basis, Keane J held that the Disputes Tribunal had no jurisdiction to award the patient a refund of her theatre fees, and rejected the reasoning that the Tribunal could award a refund for services that had failed. He held that the word “damages” in ACA s 317(1) should be read broadly to cover restitution as well as compensatory damages. 11. I conclude that any part of this claim that is not barred under the Limitation A...

9. MN v TG [2023] NZDT 141 (30 June 2023) [pdf, 209 KB]

   ...other circumstances, but equally it does mean the car has travelled further than MN was led to believe and he is entitled to some recognition for this. In the course of the hearing he described this as being a difference of approximately 10% of the service life on, for example, tyres. CI0301_CIV_DCDT_Order Page 3 of 4 Having regard to all the circumstances but lacking any specific valuation evidence to prove a material loss, I have awarded a nominal sum to reflect the error, of...

10. KB v NX [2024] NZDT 510 (25 July 2024) [pdf, 184 KB]

    ...came onto the section after he paid his deposit and before settlement and took down some trees and generally pruned off branches and overhanging vegetation. NX engaged a labourer, NS, to remove the rubbish and showed that he paid him $600.00 for that service. NX said that he became aware that additional rubbish had accumulated on the section, which he considered was mainly from the branches and vegetation trimming that KB was creating. CI0301_CIV_DCDT_Order Page 2 of 3 Nevertheles...