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1. IG, JX, KX c/-XG Trust v SI [2018] NZDT 1482 (27 August 2018) [pdf, 151 KB]

   ...[Property]. They were using the downstairs area for residential purposes, while SI was leasing the upstairs office space from the XG Trust and subletting it to commercial tenants, mainly psychologists and therapists offering counselling and similar services. SI’s lease was due to expire on 30 August 2017, but in December 2016 the parties negotiated an extension until 30 August 2018. During these negotiations, there were discussions regarding renovations the trustees were planning downsta...

2. LCRO 92/2021 AZ v BY (19 July 2021) [pdf, 134 KB]

   ...facts quite right and left too many of his questions unanswered, including such things as why he is “now being directed to the Trustees for matters that [Ms BY] chose to manage?”. [7] Mr AZ seems to think Ms BY is obliged to talk to him on the phone or participate in a conference with “all parties” to resolve matters of concern to him. [8] In summary, Mr AZ says that in his opinion, the Committee did not read the evidence he provided, and relied on Ms BY’s responses with...

3. UN & JI v NB Ltd [2022] NZDT 32 (23 March 2022) [pdf, 164 KB]

   ...treated as one under the Fair Trading Act 1986. They must prove that NB Ltd’s conduct was misleading and deceptive, and caused them loss. Their claim against TD and LN is covered by the Consumer Guarantees Act 1993, which provides a guarantee that services provided to consumers will be supplied with reasonable care and skill. Has the existence of an encroachment been proved? [11] I consider that the evidence provided establishes that one corner of the applicants’ garage currently...

4. LU v C Ltd [2023] NZDT 182 (25 June 2023) [pdf, 211 KB]

   ...well faster pace than usual as stated by MJ, and that he has not charged LU more than the cost he has paid. However the estimate was accepted 1 Section 28, Consumer Guarantees Act 1986 2 Sections 11 and 31, Consumer Guarantees Act: where goods and services are supplied to the consumer where the price is not determined by the contract, the consumer is liable to pay a reasonable price. CI0301_CIV_DCDT_Order Page 4 of 5 by LU on 22 June 2022 and the work was not completed unti...

5. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...Consumer Guarantees Act 1993 apply. If the contract specifies a particular product, then the supplier is liable for any losses resulting from the incorrect product being used. The CGA also provides for an implied guarantee in consumer contracts that services will be provided with reasonable care and skill (s 28). Was the incorrect product used? CI0301_CIV_DCDT_Order Page 2 of 5 7. OQ provided an invoice dated 5 November 2018, showing that he ordered 3 x 10L pails of [Product...

6. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

   ...NL parked the car at the car park at [a beach], in order to meet with a friend. While attending the meeting NL saw an employee of W Ltd clearing sand off a path using a leaf blower which raised a cloud of sand. W Ltd hold a contract to provide services and maintenance to the [Council]. 3. NL says he raised concerns with the employee regarding the use of the blower so close to the car but was ignored. He says that after leaving the café where he met his friend, he found the car...

7. MS v H Ltd [2024] NZDT 232 (16 April 2024) [pdf, 194 KB]

   ...any party to the contract was or would have been able to perform it in whole or in part; and c. Any expenditure incurred by a party in, or for the purpose of, performing the contract; and d. The value, in the court’s opinion, of any work or services performed by a party in, or for the purpose of, performing the contract; and e. Any benefit or advantage obtained by a party because of anything done by another party in, or for the purpose of, performing the contract; and f. Any o...

8. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 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 http://dis...

9. SG v QG [2023] NZDT 116 (15 March 2023).pdf [pdf, 202 KB]

   ...in [City 1], or that any wear on the tyres was caused by the way SG drove the towing vehicle. Is SG entitled to payment and if so, how much? 14. I am satisfied that the contract between SG and QG was such that SG would be paid for the delivery service. That is because SG and QG were not known to each other prior. There can be no reasonable presumption that the delivery was to be done without payment. In addition, in the text messages between QG and SG during the process of the deli...

10. BN & HF v O Ltd [2024] NZDT 692 (10 July 2024) [pdf, 134 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 http://di...