Search Results

1. XD v G Ltd [2023] NZDT 432 (23 August 2023) [pdf, 94 KB]

   ...recall there are customer satisfaction programs in which they have been replaced free of charge for customers. 8. ND acknowledged that there had been issues with tip corrosion when the engines were not run long enough to heat up, so condensation formed. He said that there was a program for replacing them in [Continent], but not in New Zealand. Even if there were such a program, it is not proven that XD’s would be entitled to have his vehicle fixed under it. There is no contract betwe...

2. NN v TU Ltd [2019] NZDT 1433 (21 February 2019) [pdf, 189 KB]

   ...that TU Ltd was justified in towing her vehicle? 5. NN has provided evidence that proves both that she had purchased the required ticket and returned to her parking spot before it had expired – this is not disputed by TU Ltd. The contract formed by the combination of signage at the site and NN’s of terms and conditions by purchasing the ticket, includes the requirement that the ticket be displayed in a visible location within the vehicle. NN says she placed the ticket on the das...

3. ABI v ZYU Ltd (in liquidation) [2010] NZDT 82 (30 September 2010) [pdf, 10 KB]

   ...could not be commenced or continued without the agreement of the liquidator or an order of the High Court (s 248(1)(c) of the Companies Act 1993). There was no evidence of such an agreement, so the claim was dismissed. [5] KL had recently formed a new company (PU Ltd) which was carrying on a similar business (furniture sales). KL offered a store credit with the new business, which ABI accepted.

4. HK Ltd v MO Ltd [2022] NZDT 120 (3 August 2022) [pdf, 112 KB]

   ...not need to be addressed, and MO LTD is liable to pay the balance of the contract price. Once this is paid, HK LTD is to deliver the Type B shelves to MO LTD. Referee: J Perfect Date: 3 August 2022 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 re...

5. E Ltd v DM & KA [2023] NZDT 483 (23 June 2023) [pdf, 145 KB]

   ...can proceed in the Tribunal. Were either or both of the respondents contractually liable to pay E Ltd? 7. 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. 8. The contract between E Ltd and the finance company was in writing, but the arrangement between E Ltd and the respondents was largely verbal. KA submitted that DM bought her the car...

6. KE Ltd v BO Ltd [2020] NZDT 1536 (18 June 2020) [pdf, 92 KB]

   ...term regarding storage or removal of the truck? b) What sum, if any, is payable? What were the terms of the contract? Was there any implied term regarding storage or removal of the truck? 5. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. While it would have been expected that KE might need to store the truck for a CI0301_CIV_DCDT_Order Page 2 of 3 short time while BO decided whether to proceed with further repairs,...

7. AK v ZP LCRO 104 / 2010 (10 February 2011) [pdf, 60 KB]

   ...by the Legal Services Agency, and that compensation in the sum of $50,000 should be paid to him for hardship, humiliation and time wasting. The Standards Committee Decision [8] The Standards Committee considered all of the material before it and formed the view that the complaint did not raise any professional standards issues. [9] The material considered by the Committee included the complaint, the Practitioner’s response and further comments by the Applicant. [10] As a result...

8. TN v PO Ltd [2023] NZDT 570 (16 November 2023) [pdf, 186 KB]

   ...on the companies’ genuine website alerting users to the fraudulent use of the company names on [social media] by person/s unknown. 3. The only evidence about who TN might actually have been dealing with through [online marketplace] is in the form of a photograph sent to TN by the seller, of a man holding his photo ID drivers’ license next to his face. The man on the drivers’ license and the man in the photograph sent with the license appear to be the same person, but of course it...

9. Application to transfer a criminal case to another court [pdf, 530 KB]

   Application for Transfer S157 Criminal Procedure Act 2011 Defendant name: CRI: Defendants contact address: Defendants contact Phone number Current Court Defendants lawyer name: Current hearing date What plea has been entered CRN Charge description List the charges the defendant is facing Where would you like the file transferred? To Proposed new date Why would you like the

10. LJ & MJ v GT [2023] NZDT 301 (10 August 2023) [pdf, 165 KB]

    ...supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed. 6. LJ and MJ provided copies of menu 3 noting the agreed changes and items not provided, a deposit receipt noting the details of the agreed services and menu changes, and a receipt for the balance. In the absence of any evidence to the...