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1. DD Ltd v QW & BD Ltd [2024] NZDT 499 (27 February 2024) [pdf, 195 KB]

   ...new aluminium joinery and new cladding installed. 2. The contract price was $37,030.00 incl.GST and QW paid $21,700.00 leaving a balance of $15,330.00 unpaid, that latter figure being the amount of the claim. The contract appears to have been formed with QW personally so the claim against BD Ltd is dismissed. 3. QW counter-claims $30,000.00 based on the quality of the painting and advice he has received that everything, inside and outside, will need to be stripped back and the jo...

2. N Ltd v ES [2024] NZDT 74 (17 January 2024) [pdf, 196 KB]

   ...photographs in support of this. CI0301_CIV_DCDT_Order Page 3 of 4 24. NB responded that the ‘re-grown’ poplars will not take the same shape as the original poplars. They will not have a strong main trunk, they will be more ‘bushy’ in form, they will not grow to the same height, and they will be more vulnerable to broken branches and wind damage. 25. I accept that argument. Simply allowing the poplars to grow back will not return NB to the position that he was in be...

3. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [pdf, 240 KB]

   ...applications completed by him on their behalf, Ms Nerida said that the clients fully authorised him to complete and file their applications. Neither the Code nor the Competency Standards required licensed advisers to ask clients to review application forms prior to lodgement. The information set out in the online applications had been extracted from their documents and the interviews with them. It was because of Mr Chiv’s professional expertise that the clients delegated this wor...

4. [2015] NZSSAA 51 (4 August 2015) [pdf, 36 KB]

   ...provides for benefits received from overseas to be deducted from entitlement to New Zealand benefits in certain circumstances. The essential elements of s 70(1) are that where: • a benefit or pension or periodical allowance granted overseas (which forms part of a Programme providing benefits, pensions or periodical allowances) is paid to the recipient of a benefit in New Zealand or that person’s spouse, partner or dependent; and • the Programme provides for any of the contin...

5. Director of Human Rights Proceedings v INS Restorations Ltd [2012] NZHRRT 18 [pdf, 88 KB]

   ...sole shareholder and director of a limited liability company discovered that, without her knowledge, the shares and directorship had been transferred to someone else, she addressed a request to the company for access to all 2 the personal information held by the company about her. In particular, she requested the share transfer form, the notice of resignation as director and corresponding Board resolutions. The company made no response. Extraordinarily, the day prior to the hear...

6. QS v B Ltd [2024] NZDT 24 (4 February 2024) [pdf, 217 KB]

   ...$1,006.25, being the balance on the invoice that B Ltd said is still owing. What balance if any, is owing on the contract? 3. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. A contract is formed when both parties decide to exchange something of value and essential terms of the contract are agreed to. If a party breaches an essential term of a contract, t...

7. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...Which of the respondents are liable under the contract? 10. Parties to a contract are bound by the terms agreed and are liable for any breaches of or failures to comply with their obligations under the contract. If at the time the contract is formed a party does not disclose that he or she is acting on behalf of someone else, that person will be personally liable under the contract. 11. At the hearing LN explained that the contact details for advertisement she found on [social m...

8. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...

9. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

   ...took place on 23 May 2021. Around four months later, the buyer noticed a leak in the lower-level garage during heavy rain through a hole in the concrete wall. She consulted plumbers but they could not provide a satisfactory solution. Eventually she formed the view that some wooden planks on the floor of the garage must have been installed to channel water out of the garage. She investigated further, and came to the conclusion that the seller had installed the planks and knew about the leak...

10. NC v D Ltd [2024] NZDT 683 (30 August 2024) [pdf, 211 KB]

    ...18(6) states - 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. 6. To “have regard to the law” under s 18(6) includes considering legal principles that the referee is aware of in a fair and unbiased manner and applying the law in an impartial manner, save when strict observa...