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1. [2021] NZACC 20 - Jamieson v ACC (28 January 2021) [pdf, 160 KB]

   ...correct and dismissed Mr Jamieson’s appeal. The Corporation advised the Court that it wished to apply for costs and a timetable for the filing of submissions was fixed. Submissions have now been received from both parties.1 [2] The Corporation claims costs in the sum of $6,303 calculated on a 2B scale basis. Mr Jamieson opposes the application. 1 I understand that the Corporation’s submissions were filed outside of that timetable by a few days and Mr Jamieson oppose...

2. ZH v C Ltd [2024] NZDT 17 (10 February 2024) [pdf, 194 KB]

   Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 17 APPLICANT ZH RESPONDENT C Ltd The Tribunal orders: C Ltd is to pay to ZH the amount of $2,400.00. Payment is to be made on or before 4 March 2024. Reasons 1. ZH rented a car from C Ltd on October 21, 2023. A bond and rental fee was paid for a two day hire period. The return date was a public holiday whereby C Ltd were closed. ZH was given ins...

3. Jang v Tse [pdf, 92 KB]

   Claim No: 0677 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim Between Hyun Hwa Jang Claimant And Kam Po Tse First respondent And Qixing Mo Second respondent And Deng Donglin Third respondent Determination July 2006 1. Index 1. Index 1 2. Summary 1 3. The Adjudication Claim 2 4. The Dwellinghouse 3 5. The Claim 4 6. Causation 5 7. First Respondent – Kam P...

4. BI v YR Inc [2013] NZDT 439 (25 October 2013) [pdf, 13 KB]

   IN THE DISPUTES TRIBUNAL [2013] NZDT 439 BETWEEN BI APPLICANT AND YR INCORPORATED RESPONDENT Date of Order: 25 October 2013 Referee: Referee Perfect ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the matter is struck out for lack of jurisdiction. Reasons [1] The Tribunal does not have jurisdiction to hear matters relating to Body Corporate levies because they are considered to be “money due under an enactment”...

5. Buck [2010] NZWHT Auckland 34 [pdf, 89 KB]

   ...Section 49 of the Act provides that a claimant may apply to the Chair seeking a review of a decision that their claim does not comply with the eligibility criteria within 20 working days of receiving notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report...

6. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...timely services. 4. The issues I must decide are: a. Was the work done as contracted? b. If so, is EI entitled to $603.75 as claimed, or any other sum? Was the work done as contracted? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...

7. NB & TL v UQ Ltd [2021] NZDT 1657 (13 July 2021) [pdf, 191 KB]

   CI0301_CIV_DCDT_Order Page 1 of 6 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1657 APPLICANT NB APPLICANT TL RESPONDENT UQ Ltd The Tribunal orders: 1. UQ Limited is to pay NB and TL the sum of $30,000.00 on or by 10 August 2021. Reasons 2. NB and TL entered into an agreement (the contract) with UQ Ltd (UQ) for building repair work on NB and TL’s property at [Address]. NB and TL now b...

8. [2023] NZEnvC 006 Crafar v Taupo District Council [pdf, 267 KB]

   ...________________________________________________________________________________________ REVIEW OF REGISTRAR’S DECISION ________________________________________________________________________________________ A: The decision of the Registrar is overturned. B: The application for fee waiver is granted. 2 REASONS Introduction On 28 November 2022 Mr Allan Crafar filed an appeal against a decision granting consent to Todd Generation Limited to construct and operat...

9. BN & SC & XC v NT & MP [2021] NZDT 1670 (30 June 2021) [pdf, 236 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1670 APPLICANT BN APPLICANT SC APPLICANT XC RESPONDENT NT E SECOND RESPONDENT MP The Tribunal orders: NT is to pay BN, SC, and XC (as trustees of the [The trust]) $5,625.71 by 15 July 2021. Background 1. [The trust] owns a residential property in [location]. The property is comprised...

10. Davis v Davis - Estate of Charles Davis (2008) 137 Otorohanga MB 57 (137 OT 57) [pdf, 897 KB]

    ...application. The applicant was not represented by legal Counsel, but had the assistance of Norman Tane acting in the nature of a McKenzie friend. [2] The applicant provided an invoice for costs of $600.00. The invoice was not detailed and the COUlt requested the applicant to provide actual evidence of the costs incun'ed in the application. No such evidence has been provided and it is now appropriate that the Court makes a decision in respect of the costs application. Applicant&...