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1. CL v HG [2024] NZDT 118 (7 March 2024) [pdf, 179 KB]

   ...promises he made. The parties did not take any steps to show an intention to take the agreement out of a promise made between friends and to create legally binding consequences. Although a promise was made, it falls short of being a contract. It forms part of the everyday family and domestic relationship agreements that are not enforceable in the Disputes Tribunal. 9. As I have found that the parties made their agreement in the context of their friendship, CL has not shown she is...

2. CN v NK [2023] NZDT 640 (17 November 2023) [pdf, 185 KB]

   ...arranged by the applicant. In one of these pre-purchase inspections, it was noted that the temperature dial on the dashboard was “broken.” The van’s heating/air conditioning system would only blow cold and not hot air. 3) The respondent informed the applicant that the van’s “stepper motor” would need to be replaced in order for the heating issue to be resolved. The respondent would arrange the replacement stepper motor but that would not arrive in time for the settlement o...

3. Q Ltd v UL [2024] NZDT 129 (12 March 2024) [pdf, 178 KB]

   ...hearing for the parties to obtain further information. When the hearing resumed, I was unable to contact UL. Calls went straight to voicemail. There were no further submissions from UL, and she had not been in contact with the Tribunal. UL had been informed of the date of the hearing. I was satisfied that she was aware of the continuation of the hearing and that the matter could proceed in her absence. 5. The issues to be resolved are: a. What was the agreement between the parties? b...

4. HC v HT [2024] NZDT 223 (21 March 2024) [pdf, 177 KB]

   ...(DTA) enables the Tribunal to rely on the available evidence. Is HC entitled to the sum claimed? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing – an agreement can be formed verbally or inferred from the parties conduct. 6. HT acknowledged and I accept that $10,000.00 was a loan given to him by HC to help him by his house. However, his position is that he was not required to repay the amount because:...

5. Auckland Transport 156 [PDF, 64 KB]

   ...Between C N Barbour Family Trust 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 21821253_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-000156 C N Barbour Family Trust v Auckland...

6. NF v EN [2024] NZDT 165 (26 February 2024) [pdf, 186 KB]

   ...nuisance or an annoyance to EN in breach of clause 7 of the lease. 13. NF accepted she had parked on the common driveway blocking EN’s entrance to her driveway. She said she did that on the day that EN first put pots on her paving stones, which form part of the area of exclusive use around EN’s flat. She said she did not threaten her but asked her to move the pots so that she could reverse into her garage. 14. NF said she now understood the planter boxes to be on the area of ex...

7. IN & MG v NF Ltd [2022] NZDT 52 (16 May 2022) [pdf, 201 KB]

   ...what would happen in the event of a lockdown? b) If not, was the contract frustrated? c) What sum, if any, should be refunded? Did the parties agree what would happen in the event of a lockdown? 4. The common law of contract enables parties to form legally binding agreements. It is possible for parties to make provision for contingencies such as lockdowns in the terms of their contract. 5. However, the parties gave conflicting evidence about what was agreed. The applicants said tha...

8. DH v KQ [2021] NZDT 1654 (9 November 2021) [pdf, 203 KB]

   ...TradeMe advertisement he “copied /pasted” the specifications from a website, and also stated that he was the second owner and was “selling as is, no manuals, nor any packaging”. He argued that this should have given prospective purchasers some form of awareness, so they should research further and check the serial number with the manufacturer. However, I find that these other statements did not communicate clearly that KQ was not sure that what he was selling matched the specificat...

9. ET v T Ltd [2023] NZDT 223 (14 April 2023) [pdf, 195 KB]

   ...Disputes Tribunal Act 1988 only allows for a party to claim a refund of these costs in certain limited circumstances, none of which apply in these circumstances. Referee: K. Armstrong Date: 14 April 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 fo...

10. DU & TU v OE [2024] NZDT 75 (30 January 2024) [pdf, 247 KB]

    ...justice. The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 11. TU asked me to apply s 44 DTA – Procedure where no provision made Subject to this Act and to any rules made under this Act and any practice notes issued under section 6C(1)(ha), the Tribunal shall adopt such...