Search Results

1. DG v CM [2024] NZDT 207 (7 February 2024) [pdf, 177 KB]

   ...prior to the sale and advised that the car should not be driven as further damage could be caused and it was unsafe. [Mechanic workshop] owner KI confirmed in writing that the invoice had been modified from the original, and that CM had also been informed verbally that the issue made the car both liable to further damage if driven with the fault unrepaired, and unsafe to drive. 8. Issue: Did CM misrepresent the condition of the car to DG, thereby inducing DG to enter the contract...

2. GN v EG [2024] NZDT 150 (26 March 2024) [pdf, 179 KB]

   ...are, based on the evidence: a. What is most likely the cause of the issue with the coffee machine? b. What remedy, if any, is appropriate? What is most likely the cause of the issue with the coffee machine? 3. I find that based on the information, the issue with the coffee machine was more likely than not a result of the manner in which the coffee machine had been used prior to the purchase by GN. 4. GN purchased the coffee machine which was described as being in “great...

3. EFT v SQ [2019] NZDT 1357 (25 October 2019) [pdf, 195 KB]

   ...are EFT 's reasonable losses? Was Mr Q negligent in allowing his stock to make their way onto the highway? 4. I find that EFT have provided insufficient evidence to prove negligence on Mr Q's part. Section 5(2) of the Animal Law Reform Act 1989 states that, in determining whether or not a person is liable by way of negligence for damage caused by an animal straying onto a particular highway, consideration shall be given to the common practice in the relevant locality in r...

4. LT v TU Ltd NZDT 1363 (4 December 2019) [pdf, 206 KB]

   ...Ms T’s quite justified choice to look after a child rather than move her car, at the expense of the other party that had nothing to do with that situation. Referee: Date: 4 December 2019 CI0301_CIV_DCDT_Order Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available or a mistake was made. If you wish to apply...

5. S Ltd v TT [2024] NZDT 66 (11 January 2024) [pdf, 180 KB]

   ...4. In an email dated 10 September 2023 TT said payment would be made upon receipt of the warranty for the insinkerator. S Ltd explained by email on 11 September that TT needed to register online to obtain the warranty and provided her with the information required to do this. 5. Although TT does not live alone, she requested that S Ltd come and read the serial number from the insinkerator for her. Times were offered by S Ltd on five days when they could do that for her. TT selected

6. LN v B Ltd [2023] NZDT 717 (4 December 2023) [pdf, 169 KB]

   ...that she would not be entitled to a refund in any circumstances. That clause may not be enforceable however there is another clause headed ‘Force Majeure’ which states that the respondent will not be liable or responsible for any failure to perform or delay in performance of any obligations that is caused by events outside its reasonable control. The New Zealand Government’s response to Covid and the resulting mandates was outside the control of the respondent. I could not order a...

7. ND v KS [2023] NZDT 300 (18 July 2023) [pdf, 186 KB]

   ...make an order for delivery of specific property, but KS is not detaining the kittens, so I have simply noted that KS acknowledges the kittens belong to ND. Referee: E Paton-Simpson Date: 18 July 2023 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

8. Guidelines for self-represented applicants [pdf, 182 KB]

   ...work together. The CEIT member presiding over an application cannot fairly decide on an issue unless both parties have been given the opportunity to have their say. To preserve neutrality any communications a party has with the Tribunal and any information a party provides to the Tribunal must also be provided to the other party(s). Evidence Any decision that the CEIT makes must be supported by evidence. Evidence in CEIT cases usually involves expert evidence on the nature of earthq...

9. QD & SC v NU [2023] NZDT 756 (12 December 2023) [pdf, 207 KB]

   ...and SC had to purchase cladding and flashings. 24. The cost the cladding and flashings is proven. 25. NU is liable to QD and SC for that amount. Referee: Nicholas Blake Date: 12 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

10. BU v B Ltd [2024] NZDT 18 (30 January 2024) [pdf, 178 KB]

    ...rehearing should be ordered in this instance. Therefore, B Ltd’s application for a rehearing is refused, and referee Jadurum’s order stands. Referee: C D Boys Date: 30 January 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...