Search Results

1. SB Ltd v D Ltd [2021] NZDT 1686 (8 December 2021) [pdf, 113 KB]

   ...Ltd in smaller amounts on receipt of a purchase order until a new blanket order was required. In the past D Ltd’s account manager had contacted SB Ltd to let them know when a new blanket order was required. 3. In November 2019 a blanket order form had been signed by SB Ltd for around 5 pallets, which, based on usual usage, was expected to last until around December 2020 – in fact it lasted until March 2021 when the last of the jars was supplied to SB Ltd. At that time, D Ltd did n...

2. Employment Court Judge Expression of Interest [docx, 27 KB]

   ...appointment to the Employment Court The Employment Relations Act 2000 specifies that no person shall be appointed a Judge of Employment Court unless he or she has held a practising certificate as a barrister or solicitor for at least seven years. The information in this form should be a supplement to a more extensive work and personal history contained in a curriculum vitae. This form provides an opportunity to highlight experience which is of particular relevance to the criteria on which appo...

3. L Ltd v UT [2022] NZDT 266 (16 December 2022) [pdf, 167 KB]

   ...pay the sum of $850.00 to L Ltd on or before Monday 16 January 2023. Reasons: 1. On 1 August 2022, UT (the customer) signed a six-month Membership Agreement with L Ltd (the gym). The membership fee was $170.00 per month. The customer signed a form to pay by direct debit, but the account number provided was incorrect. The gym claims that no payment has ever been received, and the customer has neither attended the gym nor cancelled her membership. 2. The gym now claims $935.00, intend...

4. NG v TF [2022] NZDT 18 (24 February 2022) [pdf, 195 KB]

   ...whether TF agree to pay for the cost to replace the glass and if she is liable to pay the amount claimed of $462.30? Did TF agree to pay for the cost to replace the glass? If so, is she liable to pay $462.30? 4. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. A contract does not have to be in writing for it to be enforceable. 5. NG said TF agreed...

5. 2023 October FV Provider Update [pdf, 135 KB]

   ...concern at FV.PNHQ@police.govt.nz as well as through their local police family violence co-ordinator. Oranga Tamariki must also be notified if there is perceived risk to a protected child. Concerns must be about new or escalating behaviour or information not contained in the original Protection Order or court referral documents. Victims should be encouraged to report all breaches to the Police, who may then decide to charge the respondent. Charges will be dealt with in the Criminal Co...

6. TO v OM Ltd [2021] NZDT 1698 (20 May 2021) [pdf, 196 KB]

   ...following issues were identified to determine the claim: a. Has OM Ltd breached a contractual obligation? b. If so, is TO entitled to be compensated for the loss he has claimed? Has OM Ltd breached a contractual obligation? 4. A contract is formed when two parties exchange promises that they intend to be legally bound by. When a customer takes a good they wish to purchase to a till, they are making an offer to the seller. The seller accepts that offer when the agreed price...

7. GC v NT [2022] NZDT 184 (30 September 2022) [pdf, 94 KB]

   ...the deposit NT retained. 8. The issues to be determined are: (a) Was it a term of the contract that the deposit was non-refundable? (b) Was it reasonable for GC to expect to have an input into the playlist after the contract had been formed? If so, did NT refuse to consider her requests? CI0301_CIV_DCDT_Order Page 2 of 3 (c) Is NT entitled to keep the deposit? Was it a term of the contract that the deposit was non-refundable? 9. A contract is a legal agreemen...

8. IU v ND [2023] NZDT 455 (1 August 2023) [pdf, 181 KB]

   ...the same document originally submitted with the claim. 4. Clause 8.3 states that if anything should happen to the horse during the lease period, the Respondent is liable for 50% of the value of the horse, 50% being $15,000.00. No valuation information was provided. The Respondent states that she was unaware of such a clause and her copy contains no such clause. 5. The Respondent was 17 years of age at the time of the contract and was asked to sign it on the spot without seeking...

9. DD v T Ltd [2024] NZDT 318 (15 May 2024) [pdf, 124 KB]

   ...company’s evidence that it had a no refund policy because: it provided evidence of how it notified and published its policy including: i. A4 signage in a stand on the counter where payments are made; and ii. I also accept that DD was given an A4 form to fill in, which had the title XX’s Membership and VIP Terms and Conditions, and that at number 5 of 13 brief terms, it made clear that: “The money deposited in [XX] is not refundable and can only be redeemed with XX’s products”....

10. TE v CH [2024] NZDT 571 (3 July 2024) [pdf, 178 KB]

    ...agreement with TE that it would be responsible for the contractors? Did H Ltd have a contractual agreement with TE that it would be responsible for the contractors? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. For a contract to be enforceable it need not be in writing, however there must be agreed terms, consideration, and an intention to create leg...