Search Results

1. 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...

2. 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...

3. G Ltd v QN & B Ltd [2024] NZDT 899 (20 December 2024) [pdf, 102 KB]

   ...that could leave the creditor open to an action for breach of the Fair Trading Act 1986. • The agency advised the creditor to file in the District Court rather than the Tribunal, and got the creditor to pay $350.00 per debtor for Court fees and service costs. • Part of the agency’s reasoning for filing in the Court was its advice that the complaints of one debtor regarding preparatory work did not amount to a dispute based on the agency’s view that it would not succeed as a de...

4. 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...

5. 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...

6. DD v TD [2025] NZDT 90 (5 May 2025) [pdf, 182 KB]

   ...whether or not that other person is in trade. The term “trade” is defined in section 2 of the CGA as “any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services.” 5. TD presently has over forty listings for greenstone on [website] and has been selling greenstone for at least six months. The volume of stone that TD has for sale and length of time she has been selling stone give strongly...

7. HN v XE [2025] NZDT 66 (26 February 2025) [pdf, 182 KB]

   ...this @XE email address was set up in HN’s name as part of the IT policy to ensure that internal XE correspondence was sent to HN. 14. In my view, HN’s request for the payment of the invoiced amounts is, in substance, a challenge to the IT services provided by the XE, or to the remuneration he was entitled to as an elected member of [the Board]. As such, it is not a question of a separate contract being formed between the parties, but rather is a dispute about the obligations and b...

8. Guide to the MVDT [pdf, 164 KB]

   ...attend the hearing without good cause may also result in an award of costs against you. Can I have an interpreter? Yes. If you need an interpreter, please ask the MVDT at least two weeks before the hearing to arrange for one to be present. This service is free of charge. Right to appear at hearings The parties to a claim have the right to attend and be heard at any hearing of that claim. In appropriate circumstances, the adjudicator may permit a party to be represented at the hea...

9. KQ v LJ [2025] NZDT 93 (11 May 2025) [pdf, 182 KB]

   ...was called at the start of the hearing. After some brief discussion there was some background noise and I asked if it was possible for LJ to move to a quieter space. Shortly after I made this comment, the call disconnected. I made three further phone calls to LJ’s number in an effort to re-connect her to the hearing, however none of those calls were answered. Having considered all circumstances, I am satisfied: a. LJ did not appear surprised to hear from the Tribunal, and it is the...

10. M Ltd v ND [2025] NZDT 277 (10 July 2025) [pdf, 174 KB]

    ...make a misrepresentation (an untrue statement of fact) by saying the [Vehicle] was in good condition and had a robust 1.4l turbo petrol engine? If so, was M Ltd induced to enter into the contract by one or more of these statements? 4. NF, Customer Service Manager from [H Dealership], states that the company has an expectation that all vehicles they purchase to supply the consumer market are “as described” and “fit for purpose”, meaning they should be of acceptable quality under...