Search Results

1. UH Ltd v BI [2023] NZDT 13 (12 April 2023) [pdf, 99 KB]

   ...she had been told by the dealership that the CV boots needed replacement3 and that she was asked by the buyer if she was aware of any further work required on the vehicle. BI simply claims it was an innocent mistake. [9] As discussed at hearing, private sales of this kind are governed by the law of contract and the Contract and Commercial Law Act 2017 (the Act). Section 35 of the Act allows a purchaser who has been induced to enter into a contract by a misrepresentation, whether innocent...

2. MS v O Ltd [2024] NZDT 94 (19 January 2024) [pdf, 198 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pro...

3. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [pdf, 199 KB]

   ...the paint on a house, and the ASP offers no warranty for such things. Did the Real Estate Agent make a representation regarding whether the pool was in operating condition? Verbal or advertisement. 7. In general, the law applying to a private sale is that of caveat emptor, or ‘let the buyer beware’. However The Contract and Commercial Law Act 2017 (CCLA) provides some protection for purchasers if there has been a misrepresentation by a seller and/or their agent. Section 3...

4. SX v GO [2023] NZDT 686 (20 December 2023) [pdf, 107 KB]

   ...not been printed so the mileage of that vehicle and any description cannot be seen. K Insurance has provided a written valuation from [Valuation Services] giving a pre-accident value of $15,000.00. 13. While there is often some difference between private sellers’ asking prices, dealers’ prices and valuations for the same vehicle, this degree of difference is quite unusual. While I accept it is possible, even likely, that an equivalent replacement vehicle could have been obtained in...

5. CJ & KJ v DW [2023] NZDT 347 (2 August 2023) [pdf, 120 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...

6. NN v US [2024] NZDT 77 (28 January 2024) [pdf, 100 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pro...

7. TN v KM [2024] NZDT 696 (29 November 2024) [pdf, 187 KB]

   ...do file an appeal at the same time, the rehearing application will be heard first. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the procee...

8. SP v MT [2024] NZDT 851 (21 October 2024) [pdf, 139 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pro...

9. C Ltd v T Ltd [2024] NZDT 453 (11 June 2024) [pdf, 183 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pro...

10. NT & BT v HM [2024] NZDT 694 (20 September 2024) [pdf, 195 KB]

    ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...