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1. IQ Ltd v D Ltd & Ors [2024] NZDT 674 (8 September 2024) [pdf, 196 KB]

   ...the other party to the contract can sue the agent or the principal. AG and D Limited are therefore jointly and severally liable to pay the $3,863.93. Referee: E Paton-Simpson Date: 8 September 2024 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 rehe...

2. DE v KN [2024] NZDT 890 (11 December 2024) [pdf, 173 KB]

   ...of past or present facts, including “half-truths”, the Courts have found a breach of section 352. Representations about the property 19. DE claims that the selling agent said that the property was in “decent condition”. A disclosure form was supplied which said: a. there was only one leak in the middle bedroom which had been repaired; b. there were no further leaks in the property to their knowledge; and c. the respondent had disclosed any and all issues they knew...

3. KT Ltd v TL [2024] NZDT 766 (19 November 2024) [pdf, 85 KB]

   ...against TL only, even if it might also have a valid claim against his ex-wife. 5. Since the debt is admitted, an order is made for payment of the debt. Referee: E Paton-Simpson Date: 19 November 2024 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...

4. OD v Q Ltd [2024] NZDT 738 (16 October 2024) [pdf, 165 KB]

   ...acceptable quality in a reasonable timeframe under the Consumer Guarantees Act 1993 (‘CGA’) and failed to do so. They appear to have also breached the Fair Trading Act 1986 by recommending a potential remedy which would breach the warranty without informing OD of that and then using that as a basis to decline further remedies. OD is entitled to reject the goods and obtain a refund under the CGA. He is obliged to return the laptop within the timeframe for payment. Referee: J...

5. LT v GI [2024] NZDT 804 (25 September 2024) [pdf, 88 KB]

   ...cross-lease arrangements between them. 4. GI was reluctant to agree, but to give proper consideration to LT’s request, she/her lawyer did ask to see plans with respect to what it was LT was planning. 5. After those plans were submitted to GI, she informed LT she opposed the alteration. 6. In obtaining the plans, LT did incur some expense, and it is that expense ($13,000.00) that he is asking the tribunal to order GI to pay him. Decision 7. The parties are neighbours and...

6. UX v TT [2023] NZDT 151 (4 May 2023) [pdf, 131 KB]

   ...obliged to refund the Deposit to UX? (b) If so, is UX entitled to a remedy and is the amount claimed proved and reasonable? Is TT legally obliged to refund the Deposit to UX? 5. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 6. A deposit...

7. Auckland Tranport 155 [PDF, 64 KB]

   ...National Trading Company Limited Appellant and Auckland Council Respondent and Auckland Transport Section 274 party Notice of Auckland Transport’s wish to be party to proceedings 3 November 2017 21821075_1 Form 33 Notice of wish to be party to proceedings 1 To: The Registrar Environment Court Auckland 1. Auckland Transport wishes to be a party to the following proceedings: (a) ENV-2017-AKL-000155 National Trading Company Limited v...

8. HT v CJ Ltd [2019] NZDT 1508 (2 October 2019) [pdf, 181 KB]

   ...witness to the conversation, HT’s account is accepted as the best evidence of what was discussed. 7. The terms of a contract are generally determined by agreement at the time of the contract. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this situation, it was understood that the detail of the cover would be contained in the policy document, but the basic contract was already formed before the document was received. I...

9. BH v JT [2024] NZDT 65 (17 January 2024) [pdf, 185 KB]

   ...[road]. She was using her phone as she waited for a friend. She said she was not watching the road at all. She heard a sound and felt something making contact with the rear of her vehicle. She was unable to recall what the vehicle looked like, but she formed the view that the car was pulling out from being parked or stopped behind her - she does not believe the car was driving straight up the road at the time of the collision. 5. NH then attempted to take a photograph of the car which...

10. 2017 NZSSAA 046 (15 August 2017) [pdf, 98 KB]

    ...from 5 June 2009. These payments were not deducted from his NZS payments. 2 The case for the appellant [3] Mr XXXX came to New Zealand in 1974. He applied for his NZS on 12 June 2009 and says that he completed all the relevant forms and sent them to WINZ. Around the same time he applied for and was granted a UK pension which was paid to him from 8 June 2009. He said at the hearing that he started to receive both pensions at around the same time. [4] At the...