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1. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...was not advertised as being in any price bracket. [20] The complainant also appeals the penalty decision on the basis that the Committee erred in finding that the complainant should be compensated for what she has gone through; e.g. her personal cost, her legal fees to date, and the potential loss of value to her property. [21] The licensee submits that the Committee ought to have made a decision under s.80 to take no further action. Summary of Evidence Adduced to us Evidence fr...

2. TN v Q Ltd [2024] NZDT 388 (28 May 2024) [pdf, 98 KB]

   ...compared this to the situation applied in her husband’s business, a digger hire and work company, in which the hourly rate, not the total price, was key. She also noted the example of an electrician who had come to her house, who had estimated the cost but said that he would only charge for the number of hours. She said this was her expectation in this case. 7. However I am unable to accept that this is what was agreed. The price in the contract was clearly fixed and the hours r...

3. LU v C Ltd [2023] NZDT 182 (25 June 2023) [pdf, 211 KB]

   ...had been overcharged. As an agreement between them was not reached LU filed a claim for a refund of $2,761.00. C Ltd filed a counter claim for the amount outstanding under its invoice of $2,028.00. 2. The issues to be decided are: a) Was the price given by C Ltd a quote or an estimate? b) Was the price for the 140mm pine decking ($8,058.45) shown on the pricing document calculated incorrectly? c) What was the scope of work the estimate was given for? d) Were the extras charged a...

4. N Ltd v BS & TS [2023] NZDT 164 (9 May 2023) [pdf, 183 KB]

   ...course of dealing between the parties to determine the cost of this particular project. https://www.legislation.govt.nz/act/public/1993/0091/latest/whole.html#DLM312857 CI0301_CIV_DCDT_Order Page 2 of 4 6. BS and TS believed they would be charged a reasonable price: N Ltd says its intent was to “look after” BS and TS on price. At most, their mutual understanding was that the price would be reasonable, consistent with the implied term in s 31 CGA. 7. The usual practice...

5. BZ Ltd v YA [2014] NZDT 719 (12 December 2014) [pdf, 58 KB]

   ...was an on-site meeting before work started with a conversation about the work to be done but nothing was recorded in writing. [2] Unfortunately the two men have quite different accounts about what the extent of the work was to be for the agreed price of $5,000.00 + GST. BZ Limited has said that all the agreed work has been done (the preparation and painting of interior walls and ceilings of the two level rental property). It has invoiced $4,945.00 (including a $700 + GST discount...

6. Te Au Reka Market Briefing Commercial overview.pdf [pdf, 2 MB]

   ...disincentives for non-delivery or delay • We will prioritise Vendors who are willing to share the implementation, transition, and support risks • Ownership, sharing and ongoing usage of IP Our Commercial Principles Setting us all up to succeed • Pricing • Licensing Structure • Proposed Contract • Broader Outcomes • Due Diligence Commercial Arrangements in detail Follow the instructions included in Part D of the Response Book. Complete the pricing schedule p...

7. Pawnbroker duties

   ...including their serial number or unique identifier the number you have assigned the goods the name and signature of the person who conducted the transaction on your behalf the redemption date, amount of money advanced on the goods and the redemption fee to be charged the total redemption price payable on the redemption date and whether any lesser amount is payable if the goods are redeemed prior to the redemption date the date when the goods are redeemed and the amount they were redeemed for, o...

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   4. Your duties

8. FB v TT Ltd [2022] NZDT 201 (17 July 2022) [pdf, 156 KB]

   ...appears under the heading “Variations” and provides that prices may increase “before commencing any variation”. There has been no variation requested here. The scope of work has remained the same. There has been no variation to which increased costs may operate upon. Page 2 of 4 8. Page 4 paragraph 5 of the quote does not assist TT Ltd and also does not apply. It provides that “if a contract becomes significantly delayed upon commencement costs may be char...

9. HZ v X Ltd [2023] NZDT 21 (14 March 2023) [pdf, 184 KB]

   ...$2,018.25 on or before 5 April 2022. REASONS Introduction 1. HZ asked X Ltd (X LTD) to provide a quote for the re-cladding of two existing timber decks and the construction of a new deck at his home at [Address]. He understood that the fee for providing the quote would be about $600.00. However, he received an invoice for $2,018.25. HZ wants an order that he is not liable to pay $1,328.25 and is happy to pay the balance of $690.00, and X LTD counterclaims $2,018.25 for the full...

10. AEZ and AFA v ZUV t-a SR [2013] NZDT 225 (16 July 2013) [pdf, 59 KB]

    ...the rods and reels ($1,075), and the work on the staircase ($1,621.50). He also gave them a cheque for $303.50, which he said was the remaining amount of the loan after the deductions. [5] AEZ and AFA refused the cheque and disputed the amount charged for the staircase. [6] AEZ and AFA have since obtained three alternative prices for the work done on the staircase, which range from $365 to $460 plus materials. [7] AEZ and AFA claim that $1,425 remains outstanding on the loa...