Search Results

1. T Ltd v O Inc [2025] NZDT 169 (13 February 2025) [pdf, 124 KB]

   ...O Inc liable to T Ltd for the losses arising from the failure of the vehicle engine, and if so, for how much? Did O Inc carry out the initial assessment of the car with reasonable care and skill? 8. The O Inc provides a roadside assistance service, the purpose of which is to try to assist drivers to carry on with their journey where possible, and arrange towing to a nearby garage where this is not possible. This work is done on the sides of roads across the country. 9. What is...

2. HT v IU [2021] NZDT 1329 (13 April 2021) [pdf, 206 KB]

   ...any court or tribunal, is concerned with the enforcement of contracts, not interfering with them. It is not for this tribunal to rescue people from possibly bad bargains they may have entered into, including the price charged for the provision of services. 7) However, and that said, from the abovementioned starting point, or ‘first principle,’ there is an exception, and that is provided for in s.19 of the Act. If a term of a contract, including as to price, is ‘harsh or unconsci...

3. DG Ltd v ID Ltd [2020] NZDT 1441 (24 August 2020) [pdf, 215 KB]

   ...which was accepted unchanged. An apparent acceptance that changes the offer is actually a counter-offer, which must then in turn be accepted unchanged before a legally binding contract arises. There must be an exchange of items of value, for example, services in exchange for money, which is known by the technical legal term “consideration”. A contract can be oral, or written, or partly oral and partly written. CI0301_CIV_DCDT_Order Page 2 of 5 5. The correct way under th...

4. DQ Ltd v SM Ltd [2022] NZDT 6 (18 November 2021) [pdf, 199 KB]

   ...under this demand. [3] The parties have a long history of dispute and there have been a number of Tribunal and other legal proceedings prior to this application. The parties had a previous business relationship. The applicant provided legal executive services to the respondent till 2019. By early 2019 the parties had fallen into dispute over amounts invoiced by the applicant leading to the applicant filing a claim in the Disputes Tribunal on 23 December 2019. The applicant claimed recover...

5. TD v KH [2023] NZDT 183 (18 April 2023) [pdf, 108 KB]

   ...statement is made, including the nature and subject-matter of the transaction and the respective knowledge of the parties, is relevant. 9. Prior to the purchase TD asked on [website] “Anything wrong with it”, and received the response “ No been serviced every 120,000kms. Parts have been replaced when needed…”. KH emailed TD a video he had taken of the underneath of the ute which showed there was some rust on the underside of the ute. In the video KH described the rust as “...

6. OIA-111267.pdf [pdf, 1.6 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 Kelvin Watson Deputy Secretary, Corporate Services RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T...

7. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [pdf, 263 KB]

   ...that were damaged in order to bring them back to as close to original condition as possible. As part of our contract with the supplier of these [brand] products all [brand] factory warranties are void and KC take over the warranty provisions and servicing. We provide a 12 month standard warranty. Serial numbers are removed to prevent abuse of these terms and conditions of warranty and are replaced with our own serial number and warranty labels. We also source small quantities of 1...

8. HE v QZ [2023] NZDT 373 (4 May 2023) [pdf, 222 KB]

   ...without question. 16. QZ asking for $500.00 without an invoice is not inconsistent with that arrangement. 17. There is no other evidence available to me (such as text messages) to support HE’s argument that this was a loan and not a payment for services. 18. HE has the burden of proof. 19. It is not proven that this advance was a loan and not a payment for services. Credit for boxing not carried out 20. HE submitted that QZ was going pour concrete for a footing on p...

9. MT & SC v TD [2024] NZDT 888 (19 December 2024) [pdf, 111 KB]

   ...clause 7.3(1) which states: CI0301_CIV_DCDT_Order Page 2 of 5 7.3 The vendor warrants and undertakes that at settlement: (1) The chattels included in the sale listed in Schedule 2 and all plant, equipment, systems or devices which provide any services or amenities to the property… are delivered to the purchaser in reasonable working order, but in all other respects in their state of repair as at the date of this agreement (fair wear and tear excepted). 7. Schedule 2 refers t...

10. MN & GD v X Ltd [2025] NZDT 72 (12 August 2025) [pdf, 242 KB]

    ...parties appeared at the hearing. The applicants were represented by MN. HB represented the respondent. QE and JI appeared as witnesses. Background [2] Both parties have lodged claims against the other following the respondent providing concreting services to the applicants in 2023. The respondent was engaged by the applicants to lay a concrete pool surround and patio at their property. The quoted cost of this work was $34,348.49. The respondent has been paid $17,174.25 on 22 June 202...