Search Results

1. NI v J Ltd [2022] NZDT 112 (2 September 2022) [pdf, 211 KB]

   ...Respondent disputed some of the things the Applicants wanted fixed as being unrelated to the accident. 5. The Respondent provided the Applicants with a courtesy vehicle for the entire period. The Applicants also wanted the Respondent to carry out a free service, WOF and wheel alignment as compensation for the inconvenience. 6. The work required the front right wheel to be repainted, however the Applicants wanted all 4 wheels repainted, which the Respondent and the Applicant’s ins...

2. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...that contract. 15. In these circumstances, BC says he has been reasonable in his claim. He acknowledges his family were at the property for part of the first day and acknowledges costs (such as the first nights’ accommodation and the Airbnb service fee) will have been incurred by GN. BC says he has previously had other Airbnb bookings affected by Covid which have resulted in compromise arrangements and expected GN would act reasonably here as well. GN gave evidence at the heari...

3. EF & QF v JD & QN [2021] NZDT 1690 (20 May 2021) [pdf, 112 KB]

   ...of the agreement that the oven was in working order? 4. The parties signed a written contract for the sale and purchase of the house. Clause 7.3 of the agreement provided that the chattels listed in Schedule 2, and all equipment that provided a service to the property, were delivered to the purchaser in reasonable working order. The free standing oven was listed as a chattel in schedule 2. 5. Mr and QF said the oven was not delivered reasonable working order. Within four days of...

4. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...Limited on or before Thursday 10 February 2022. 2. The claim against TX is dismissed. Reasons: 1. In July 2021, the applicant GT Limited booked a Polaris Ranger it owned into the workshop of EN Limited trading as TTE (the workshop) for a service. The workshop refused to return the Polaris until the applicant paid an outstanding invoice for a different Polaris the workshop had repaired in November 2020. The other Polaris had been booked in by CU, the brother-in-law of the applica...

5. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...be determined were as follows: a. Did either party breach the contract? b. If so, what if any damages/compensation is payable? Did either party breach the contract? 4. When two parties reach agreement, for example, that one will provide services in return for payment, then a legally binding contract arises. When one party fails to comply with its obligations, they have breached the contract and damages may be payable to the other party for losses suffered as a result of the br...

6. BV v JU [2023] NZDT 668 (27 October 2023) [pdf, 181 KB]

   ...that day JU sent through a quote to BV for $21,084.10. 3. JU requested a 50% deposit of the quoted price by the next day, in order to secure a booking for painting to commence the following day, as she told BV they had other people waiting for services and would operate on a first come first served basis. 4. BV made payment of the 50% deposit on 23 June. JU had agreed to bring BV some paint charts at 4.00pm on that day but when she had not arrived by 5:30pm, BV became concerned...

7. II & SC v FX [2022] NZDT 229 (19 July 2022) [pdf, 100 KB]

   ...contract can be written or unwritten (oral). The terms of an oral contract are those for which there is evidence that the parties were in agreement. 6. Both parties acknowledged in the hearings that the $10,000.00 deposit was paid to secure FX’s services while the building consent process and finance arrangements were concluded. Both parties also were clear in the hearings that FX was entitled to retain $2,000.00 in any event, but that the $8,000.00 would only become non-refundable...

8. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

   ...owner, it was a private sale, and that he sold it “as is where is”. He says he only made $500.00 on the transaction, from the sale of Mr and Mrs S’s quad bike. 9. Mr T is a small engine mechanic, and his business is primarily repairing and servicing motorcycles and other small engine vehicles. However, he says he also occasionally sells vehicles ‘on behalf’. In the short period of time when he sold the RTV to Mr and Mrs S, he sold another RTV the week before as well as...

9. AM v K Ltd [2024] NZDT 138 (21 March 2024) [pdf, 204 KB]

   ...stop AM boarding. c. Clause 8.1 provides that if a significant change to the passenger’s flight is made due to due to events within the airline’s control, it will “rebook you on the next available flight (or combination of flights) on our services to your booked destination at no additional cost to you; or alternatively, at your option, refund the applicable fare.” d. K Ltd was allowed to postpone flights for engineering issues and it rebooked AM onto the next available flight...

10. ED v G Council [2023] NZDT 558 (24 November 2023) [pdf, 228 KB]

    ...claim. Declaration of non-liability and Council’s claim for amounts owed 9. ED is also seeking a declaration of non-liability for the money Council invoiced him. He says: This declaration that no money is owed to the [council] for a service offered, is under contract or quasi contact and they have breached that contract. 10. Council also filed a claim for moneys it says is owing in processing ED’s resource consent application. 11. As well as the Tribunal’s jurisd...