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1. DM & ND & TM v NN & F Ltd [2023] NZDT 440 (15 September 2023) [pdf, 200 KB]

   ...rent-relief and/or the loss of use of part of the premises for part of the lease term due to water ingress? • Is F Ltd/NN liable to pay the reinstatement cost of the fluorescent light tubes? • Is the Trust liable to pay the business losses claimed by F Ltd? • What is payable on the claim and counter-claim? What is a reasonable deduction from the (undisputed) rent arrears amount for Covid rent-relief and/or the loss of use of part of the premises for part of the lease term...

2. Rafiq v Ministry of Business, Innovation and Employment (Costs) [2013] NZHRRT 32 [pdf, 36 KB]

   ...given at [30] were as follows: [6.1] Without proper basis to do so, Mr Rafiq instituted three separate proceedings against the Ministry and then failed to attend the hearing to give evidence in support of his multitudinous allegations. [6.2] His statements of claim and statements of evidence were largely incoherent and should be categorised as unintelligible. See by analogy Ward v ANZ National Bank Ltd [2012] NZHC 2347 (12 September 2012) at [20]. [6.3] In an unsworn statement date...

3. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...outstanding fees before the file was uplifted. Further attempts to encourage Yelp to pay the outstanding balance came to naught, and in September 2016 Ms MQ’s firm commenced debt recovery proceedings in the District Court. [19] Yelp’s draft statement of defence was dated 14 November 2016, as was Mr VT’s complaint to the New Zealand Law Society (NZLS). Ms MQ’s firm suspended its debt recovery proceeding. The complaint and the Standards Committee decision [20] On the co...

4. Takimoana - Te Tii (Waitangi) B3 Ahu Whenua Trust (2014) 90 Taitokerau MB 67 (90 TTK 67) [pdf, 335 KB]

   ...think your main thought is to reside permanently at Waitangi and to enable you to achieve this I have been authorised to offer you the following alternative lease… [77] Mr Peters argued that Richard’s and Mereawaroa’s parents relied on this statement and understood that they would continue to have permanent occupation with respect to Lot 16 and Lot 18. Mr Peters further argued that these factors were compounded as the lease document and letter of explanation were prepared on be...

5. ZX v UE [2024] NZDT 546 (6 August 2024) [pdf, 104 KB]

   ...must be cautious, as the risk is hers and not that of the seller. 6. The CCLA qualifies the principle of caveat emptor. Section 35 sets out the law governing misrepresentation which applies to contracts. 7. A misrepresentation is a false statement of fact which is made before or at the time the contract is made and which “induces” a person to enter into that contract. 8. A vendor has no positive duty to disclose any defects about an item. However, if asked, he may not...

6. [2021] NZACC 156 - Holton v ACC (4 October 2021) [pdf, 380 KB]

   ...the time was visiting friends and the attack took place as he was putting his twin children into a vehicle prior to departure. [5] The same day the appellant was assessed by the Accident and Emergency Clinic, Lincoln Road, Henderson. The ACC claim form submitted the same day described what happened as follows: Attacked – inj back/L hand/R hand/laceration R elbow – machete. [6] At the time the appellant was working as a boat builder with Holton Marine. [7] He was referred f...

7. River Oaks Farm Ltd & Ors as Trustees of Ingodwe Trust v Olsson [pdf, 24 KB]

   ...Trust. However the Tribunal found that the only loss is that suffered by Mr Olsson who paid for an ineffective remediation but such loss was of his own making as he specifically directed the scope of the work. In relation to the issue of the producer statement, the Tribunal found that Maxi Holdings was not responsible for the producer statement. The claims against Maxi Holdings were therefore dismissed. Liability of Mr Marchesan – Plasterer Mr Marchesan took no part in these procee...

8. BX & MT v MI [2024] NZDT 35 (22 January 2024) [pdf, 201 KB]

   ...buyer must be cautious, as the risk is his and not that of the seller. 21. The CCLA qualifies the principle of caveat emptor. It sets out the law governing misrepresentation which applies to contracts. 22. A misrepresentation is a false statement of fact which is made before or at the time the contract is made and which “induces” a person to enter into that contract. A vendor has no positive duty to disclose any defects about an item. However, if asked, he may not make any...

9. Vertongen v The Real Estate Agents Authority (CAC 413) and Dunlop [2018] NZREADT 44 [pdf, 235 KB]

   ...purchaser raised a number of safety and electrical issues. The appellant tried to contact the vendor twice by telephone in the United States where he was travelling unsuccessfully, and then authorised repairs to the property. The agency later claimed the costs back from the vendor in the Disputes Tribunal. [4] The appellant applied for leave to adduce further evidence on the appeal which, it was claimed, would establish that he made other attempts to contact the vendor by email...

10. Carey Clan Trust v Still [pdf, 23 KB]

    ...respondent and had no financial interest in the property • Did not sign and was not involved in the inspection or sale of the property • Was never guaranteed nor implied or gave any assurance as to the dwelling’s soundness or otherwise The claimants, BAB and Mr Buckley opposed Mrs Still’s removal on the grounds that: • There was tenable evidence that Mrs Still owed a non-delegable duty of care to the claimants as co-developer • The building consent application and letters...