Search Results

1. Tuwhangai v Boon - Kawhia U2B [2025] Māori Appellate Court MB 45 (2025 APPEAL 45) [pdf, 220 KB]

   ...Aid and is experiencing financial hardship, although he accepted that Special Aid is not a barrier to costs. Mr Grayson highlights Ms Boon’s financial circumstances and her recent evidence advising that she is a superannuant with no savings. In response to Ms Fraser’s submission regarding Ms Boon’s access to funds of $7,060 for security in the Court of Appeal, it is submitted that these funds were borrowed from, and repaid to, whānau. [10] Taking all these factors into acco...

2. IN & Ors v GU & J Ltd [2024] NZDT 719 (26 August 2024) [pdf, 127 KB]

   ...collision, because GU was unable to stop safely when IN’s car stopped at traffic lights, and GU’s car hit the back of IN’s car. 6. The law that applies is the law of negligence. Drivers must take reasonable care in operating their vehicle and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. 7. The duty to take reasonable care includes a duty to follow the Land Transport (Road User) Rule 2004 (“the Rules”). Rule 5.9(3) prov...

3. De Marco v Accident Compensation Corporation (Costs on Appeal) [2025] NZACC 27 (17 February 2025) [pdf, 230 KB]

   ...Schedule 5 ($500 for all categories in proceedings) by the amount of time considered reasonable for a step as prescribed in Schedule 4 of the District Court Rules 2014. [16] On 27 September 2024, Ms De Marco filed supplementary submissions in response to additional submissions filed by the Corporation. This is the only step formally taken by Ms De Marco after 1 September 2024. [17] In light of the above considerations, the Court allows costs, calculated on a 2A basis: Filing su...

4. OS & QS v D Ltd & M Ltd [2024] NZDT 516 (16 July 2024) [pdf, 103 KB]

   ...was that it is the heat output sold in many caravans and most people find that heat level to be sufficient. 13. After assessing the evidence, I find that OS and QS have not shown that the heating unit is not fit for its intended purpose. The responses from the caravan heater suppliers do support installing a larger heater if the unit was being changed, but they do not state that a 2kw heater is not sufficient or not fit for its purpose. To the contrary, they support what OS and QS...

5. B Ltd v NC [2024] NZDT 490 (31 May 2024) [pdf, 189 KB]

   ...[BD]” in the space of the client signature. The email also attached B Ltd’s standard terms of trade. Although the form was not signed by NC, the note made it clear that this was intended as a record of a verbal agreement. In the absence of any response from NC at the time disputing this record, or any evidence at the hearing to show the record was inaccurate, I accept that the form was an accurate record of what was verbally agreed. 6. NC submitted that there was no contract because t...

6. CN v UT & ST [2025] NZDT 30 (10 April 2025) [pdf, 166 KB]

   ...out of friendship. He cannot seek retrospective payment for them now that the friendship has ended. 29. Therefore, the counter-claim must be dismissed. Outcome 30. I am satisfied that the money was paid to ST solely, and that UT has no responsibility for the debt. The money was paid into accounts held by ST only, and ST alone has made the re- payments and interest payments to CN to date. CI0301_CIV_DCDT_Order Page 4 of 6 31. ST is to pay CN $7,900.00 calculated as f...

7. TI v HQ [2024] NZDT 897 (18 November 2024) [pdf, 182 KB]

   ...handle while being lifted clear, whoever was doing that was under the direction of HQ who was driving the van. They may have been a helpful onlooker but as their actions were for HQ’s benefit, (They had not been instructed by the owner, TI.), HQ is responsible for any mistake made while helping him and he again in breach of his duty of care if he did not ensure the helper’s actions did not damage the awning. Remedy 12. I find the amount claimed is reasonable and should be paid...

8. [2025] NZEmpC 26 Carrington Resort Jade LP v Toni Maheno [pdf, 172 KB]

   ...documents that may have been briefs of evidence. He was advised about the proper format, directed to the Court’s website and asked to re-file. He did not do so. The registry followed up with him in July and again in October 2024, but there was no response. 12 At [24]. 13 Carrington Resort Jade LP v Maheno [2023] NZEmpC 208. The strike-out application [11] Mr Kersjes observed that despite the Court’s indication that strict timetabling orders would be sufficie...

9. NS v BX [2024] NZDT 787 (14 August 2024) [pdf, 193 KB]

   ...with the replacement gearbox. The diagnoses cost $239.20 and is a reasonably foreseeable cost. Accordingly, I order BX to pay NS this amount. b. NS seeks $6,000.00 to replace the gear box. He provided an estimate from [Mechanic 2]. [Mechanic 2] responsibly recommended that NS take the vehicle to [Mechanic 1] because the gear box might still be under warranty. c. NS attempted to discuss this with BX who referred him to [Mechanic 1]. [Mechanic 1] advised NS that the mechatronic won’t...

10. BL v SI [2024] NZDT 309 (4 April 2024) [pdf, 187 KB]

    ...feeding them properly. 16. He said a complaint had been made by a member of the public to MAF about the state of animals that BL was feeding for her parents. It appears that there may also have been a complaint about some of the animals SI was responsible for, although I do not have any further information about the nature, extent, or outcome of any of these complaints. 17. SI also said that although he had asked for BL to provide timesheets of the hours she had worked, she fail...