Search Results

1. EO v D Ltd & MQ [2024] NZDT 532 (5 July 2024) [pdf, 204 KB]

   ...time it was contracted to play and was willing to play the sets. D Ltd oversaw logistics and running of the event, including directing the band as to where and when it should perform. There is insufficient evidence to demonstrate that the band was responsible for any reduction in the length of time they played. Therefore, I find that it is entitled to payment of the agreed fee in full. Some payment has been made, and the balance owing is $1,416.00. 10. The Tribunal does not have juri...

2. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...found that the practitioner, NX followed the appropriate procedures and gave appropriate care. 13. The Dental Council letter stated the following: “further to our e-mail below, your complaint was sent to NX for comments. The complaint and NX’s response were reviewed by Council’s Deputy Registrar - Protection, Dr BH. Dr BH has decided that the Dental Council will be taking no further action on this matter, as he is of the opinion that NX followed appropriate procedures and provided...

3. ND v KQ [2024] NZDT 631 (24 September 2024) [pdf, 187 KB]

   ...she expressed concerns. I recognise this offer could be seen as an offer to replace the goods under s18 CGA, rather than the refund ND is seeking. In the circumstances however I am satisfied that was not KQ’s intention or offer, but rather her response was based around the maintenance of a customer relationship and not an acceptance of liability under the CGA. 10. The offer to exchange was rejected by ND. I am satisfied on the evidence no right to require a refund arises which N...

4. BT v T Limited [2024] NZDT 656 (10 September 2024) [pdf, 196 KB]

   ...the lengths his builder needed. He said T Limited asked to see a copy of the plans and so he thought it was also Page 2 of 4 checking to ensure the correct quantity and type of product was ordered. He considered it was T Limited’s responsibility to ensure he ordered the correct quantity of materials and to check that what the builder wanted BT to order was correct. 6. Mr N, representing T Limited, said T Limited was provided with a handwritten list of roofing material...

5. E Ltd v XD [2024] NZDT 783 (18 November 2024) [pdf, 205 KB]

   ...reasons: a. The Liquidator submitted that because there was no letter issued to XD to advise him that the debt was forgiven establishes that the debt was not forgiven. However, the liquidator conceded that the evidence that she was able to obtain in response to XD’s submissions were confusing and not clear. For example, XD provided a copy of a Statement of Account as at 10/01/2023. It matched that of the one the liquidator received and filed with the court. But there were some signi...

6. CU & OU v DX & Ors [2024] NZDT 790 (28 September 2024) [pdf, 205 KB]

   ...respondents and/or to be able to apportion the damage to the respondents. 7. At the hearing I explained this requirement to UT and asked how they apportioned any damage to XT and E Ltd. UT told the Tribunal that the respondents were the solely responsible for the damage it had suffered. XT told the Tribunal that it has subsequently installed multiple cesspits on its property to take the water it receives from multiple other properties. XT also told the Tribunal there are multiple driv...

7. 2025 NZPSPLA 043.pdf [pdf, 130 KB]

   ...being given an extension to do so the only reference Mr Dellaway filed is from a friend who has observed him working as a security guard at a festival. She did not attend the hearing to be questioned on her evidence. [13] It is Mr Dellaway’s responsibility to prove he is suitable to be a certificate holder and sole officer of a company licence holder despite his disqualification if he wants disqualification waived. He has not done so and therefore his application for waiver is decl...

8. [2025] NZEmpC 82 A Labour Inspector of MBIE v Dao (Judgment (No 2) [pdf, 206 KB]

   ...weekend with the banking system’s ability to make such payments in a timely way. This is of particular concern given that the respondents need to pay wages from many of the business accounts. [9] The respondents say the variations sought are in response to those logistical difficulties. [10] The Labour Inspector said that had she been provided with an appropriate level of detail as to the basis for proposed payments, along with details of the balances in the respective account...

9. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...1993 (CGA) provides that “in trade” includes any commercial activity. 14. TU explained that when he visited CH’s farm to return the original fridge, he saw approximately 100 to 150 other fridges in an open building. 15. Further, CH’s response to the complaint by TU that the original fridge was faulty was to return it and swap it for another fridge. 16. I accept when I consider those two factors that it is more likely than not that CH is involved in a commercial activity...

10. [2025] NZREADT 13 – OQ v McLean & Knowles (8 May 2020) [pdf, 186 KB]

    ...SUBMISSIONS The Authority [8] The Authority submits that there are four aspects of the compensation referral scheme that may bear on the Tribunal’s approach to costs. In summary they are as follows: (a) The compensation referral remains a response to unsatisfactory conduct as a result of the Committee’s process which is inquisitorial. Complainants do not have any costs exposure before a Committee. The Tribunal’s determination as to compensation is the final part of the...