Search Results

1. FH & EN v KS & G Ltd [2024] NZDT 756 (15 November 2024) [pdf, 98 KB]

   ...agreed between parties, and also implied terms. Terms implied into a contract by law include those such as under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is the guarantee under section 6 CGA which requires that supplied goods be of an acceptable quality. Section 7 CGA provides further information about what acceptable quality means, in...

2. TN v Q Ltd [2024] NZDT 388 (28 May 2024) [pdf, 98 KB]

   ...paid, and if so to what effect? Is the contract fixed as to price or fixed as to the specified hourly rate charged for however long the job took? 4. 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 about which there is evidence of agreement from the parties’ actions and words, written or unwritten. 5. There were two quote doc...

3. ES v D Ltd [2024] NZDT 370 (31 May 2024) [pdf, 176 KB]

   ...The Credit Contracts and Consumer Finance Act 2003 (CCCFA) s 7(1) defines a credit contract as a contract under which credit is or may be provided. Section 6 defines the provision of credit to include the granting of a right to purchase property or services and defer payment for that purchase (in whole or in part). 5. The seller submitted that the buyer entered into two separate contracts: a sale contract, which left the payment method open, and then the credit contract. However, the sta...

4. SO v TH [2024] NZDT 536 (25 July 2024) [pdf, 235 KB]

   ...particular she thinks TH is exercising more votes than allowed under the Constitution which enables him, she alleges, to control the organisation and to benefit both in the running of his taxis and via associated businesses he and his son own which provide services to HT. She is claiming for the cost of legal expenses she has incurred in trying to challenge this. 3. The issue for determination is whether the Tribunal has jurisdiction to hear this claim. There are two aspects to this:...

5. SI v B Ltd [2024] NZDT 326 (8 May 2024) [pdf, 136 KB]

   ...Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Information Further information and contact details are available on our website: http://disputestribunal.govt.nz. http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt...

6. U Ltd v KG Ltd [2024] NZDT 477 (6 June 2024) [pdf, 93 KB]

   ...APPLICANT U Ltd RESPONDENT KG Ltd The Tribunal orders: KG Ltd is to pay U Ltd $3,450.00 within 28 days. Reasons [1] U Ltd, represented by director SI, claims from KG Ltd, represented by directors LN and TF, $3,450.00 for goods and services supplied by U Ltd to KG Ltd. KG Ltd says that the work was not authorised, and that the price charged is excessive. [2] SI said that U Ltd’s business involved the manufacture of furniture. In this case, he had been asked by T...

7. B Ltd v M Ltd [2024] NZDT 482 (17 May 2024) [pdf, 176 KB]

   ...hacking, more formally known as business email compromise (BEC) fraud. On 14 August 2023, B Ltd issued an invoice to M Ltd for $24,725.00 for demolition work, due on 28 August. The invoice was emailed to M Ltd via [accounting software]’s messaging service. The accompanying message stated, “Please note our bank details have changed” and supplied the “new” account number. The invoice itself also included this same account number and added, “Please note that the above is a new ban...

8. KT & PD v KI [2024] NZDT 579 (13 August 2024) [pdf, 178 KB]

   ...entitles him to withhold payment for the work that they did. The law [6] If KT and PD were responsible for the death of the puppy by negligent conduct on their part, KI would be justified in refusing to pay them. They owed a duty to provide their services with reasonable CI0301_CIV_DCDT_Order Page 2 of 3 care and, if they breached that duty and thereby caused loss to KI, they would be responsible to compensate him for that loss. Were KT and PD responsible for the death of the...

9. BG v KN [2024] NZDT 691 (4 November 2024) [pdf, 136 KB]

   ...proceedings before the Tribunal, unless the claim falls within the reasonably narrow circumstances set out in the rest of section 43. This reflects the purpose of the Tribunal which is to provide a low-cost and easily accessible dispute resolution service. Circumstances where costs might be awarded include where a party has brought a claim it knows has no real basis or should not be brought in the Tribunal, or where a party has acted in a way that has unnecessarily prolonged the proceeding...

10. SE & EE v UT & D Ltd [2024] NZDT 889 (13 December 2024) [pdf, 100 KB]

    ...probabilities; e. There is no reason not to accept the evidence of [engineering company] given it examined the caravan and undertook the repairs and has no incentive to give inaccurate evidence; f. Although D Ltd argued that no issues were identified during servicing of the caravan, I do not consider that to be determinative; g. D Ltd provided a photograph prior to the second hearing that it said showed there was no wear on the tyres in March 2023. However, it appears this photograph...