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1. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 Did HI misrepresent the condition of the vehicle inducing KT into purchasing it? 8. The starting point is the principle of caveat emptor, or ‘buyer beware’. The general position is that the buyer must be responsible for his or her own purchasing decision. It is also the sale of a good, made in the context of a private sale. HI is not in trade and sold the vehicle privately. 9. Where goods are sold by a seller in trade, there are implied con...

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

   ...be the sole inducement to the contract, but it must be a significant factor which influenced the party. The misrepresentation must operate as a real and substantial inducement into the contract. 9. A buyer in a private sale has his or her own responsibility to carry out due diligence before entering into a contract — that principle is called caveat emptor — buyer beware. A seller is not obliged to point out faults or problems but answers to questions by the seller can be relied on...

3. U Ltd v J Ltd [2024] NZHDT 88 (30 January 2024) [pdf, 99 KB]

   ...back its deposit in whole or part, and what costs has J Ltd actually incurred? 12. Although the deposit is not forfeited under the terms of the contract, U Ltd is not entitled to receive the entire deposit back as J Ltd is entitled to compensation. Responsibly, U Ltd has accepted this throughout the dispute – it is only the amount which is in question. 13. J Ltd says it has incurred a number of costs to provide the modifications which U Ltd requested. These were itemised and came...

4. [2024] NZEnvC 233 Northport Limited v Northland Regional Council [pdf, 403 KB]

   ...had also been overseas for several weeks. The Trust apologised to the Court for the delay in filing. Pari Williams reiterated the Trust could be substantially prejudiced if leave was not granted for the s 274 notice to be filed late. Parties’ responses [7] Although the parties either do not oppose the waiver application or will abide the Court’s decision, I record Northport Limited’s position below: Regarding the waiver application by Te Pouwhenua o Tiakiriri Kukupa Trust (“...

5. [2023] NZEnvC 184 Noakes & Fruhling Trust v Waikato District Council [pdf, 282 KB]

   ...additional costs by continuing to advance Variation 3 matters despite the court’s conclusion on stormwater topic in its decision; (d) HVL has made numerous attempts to resolve the proceeding and avoid unnecessary costs. The Appellants’ submissions in response The Appellants submit that it would be unjust to award costs against them because of the following reasons: (a) the Appellants were granted interlocutory application for leave to amend their appeal on the provisions of the...

6. [2025] NZEmpC 29 Carrington Resort Jade LP v Graham [pdf, 159 KB]

   ...time as filing its challenge, Carrington applied for a stay of proceedings. However, before that application could be heard, Mr Maheno had the Authority’s determination enforced. Ultimately, the stay application was unsuccessful.2 [4] In response to the challenge, Mr Maheno filed an application for security for costs. That application was successful as there was unrebutted evidence before the Court that Carrington was at risk of liquidation.3 Carrington was ordered to pay $1...

7. Thomas v Ministry of Social Development (Costs) [2025] NZHRRT 20 [pdf, 168 KB]

   ...messages where Mr Thomas had, apparently, voluntarily paid sums of money to his counsel, in an aggregate amount of $15,000. It is understood from the memorandum of 7 May 2025 that Mr Thomas has moved away from seeking indemnity costs. [8] In response, on 18 May 2025 counsel for MSD filed a memorandum submitting that sufficient evidence had still not been provided of Mr Thomas’ actual costs in this proceeding. MSD submitted that the audit document prepared by Mr Thomas’ new a...

8. J Ltd v XY [2025] NZDT 31 (16 January 2025) [pdf, 98 KB]

   ...XU was looking tired. He knew OE well from the years of working together, and they had an easy relationship. XU mentioned that he was thinking of slowing down, or something along those lines, and OE asked whether he had thought of selling. XU’s response at the time was no, but it got him thinking. When he saw OE a few weeks later, he indicated he would be interested in selling, and the matter developed from there. 13. KC has been unable to prove that his involvement was an instrumental...

9. Kinzett v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 76 (7 May 2025) [pdf, 149 KB]

   ...roots. 2 [2] Mr Kinzett noted that the delay was due to the shock of the review decision and then obtaining legal advice. [3] On 30 April 2025, Judge Henare issued an Initial Minute which directed that the Corporation file a memorandum in response. [4] On 6 May 2025, Ms Arnold for the Corporation submitted that there is unlikely to be prejudice to the Corporation caused by the delay itself, and the grant of leave to appeal is not opposed. Relevant law [5] Section 15...

10. Te Huia v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 77 (7 May 2025) [pdf, 147 KB]

    ...only recently been able to complete the paperwork due to recent hospital admissions, and accidents and deaths within his whanau. 2 [3] On 24 April 2025, Judge Spiller issued an Initial Minute which directed that the Corporation provide a response to Mr Te Huia’s application for leave. [4] On 6 May 2025, Ms Arnold for the Corporation submitted that there was unlikely to be prejudice to the Corporation caused by the delay itself, and the grant of leave to appeal was not oppos...