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1. SW v IA [2023] NZDT 363 (28 June 2023) [pdf, 92 KB]

   ...is the remedy? Did IA induce SW to buy the cameras by misrepresenting that they had free lifetime cloud storage? 4. The general law of contract and the Contractual and Commercial Law Act 2017 (CCLA) apply. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware.” This implies that the buyer must be cautious, as the...

2. B Ltd v DT [2023] NZDT 741 (22 December 2023) [pdf, 175 KB]

   ...or an inherent defect of the vehicle? (iii) If there is a breach of contract then what loss has B Ltd suffered? Was there a contract between DT and B Ltd Ltd? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. 6. DT claims that the contract for the courtesy car was between her ex-husband TI and B Ltd as it was him and not her who ‘picked up’ th...

3. payment of costs [pdf, 80 KB]

   ...of actual costs incurred (eg, lawyer fees, court fees) • Financial statement of the applicant in support of this application • Statement of any other grounds in support of this application • Provide details for payment (second page of this form) August 2018 Provide the details for payment Provide the name and number of the bank account to which any payment of costs should be made. If your application is successful the reimbursement payment will be made to this account....

4. C Ltd v HN [2023] NZDT 451 (6 July 2023) [pdf, 95 KB]

   ...on the stock car. 5. The issue to be resolved is whether either party breached the contract and if so, what the remedy for the breach should be? Did either party breach the contract and if so, what should the remedy be? 6 A contract is formed when parties decide to exchange something of value, creating an obligation to perform a particular duty that is legally enforceable. A contract is binding when the parties agree on clear and certain terms. The parties exchanged a paint job...

5. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

   ...lapse of time. B Ltd said that the relevant staff members were no longer with the company, and practices have changed in the years since EQ’s treatment. Difficulties in defending old claims due to records being lost and memories fading over time form part of the rationale behind having limitation periods, and could also be a reason to view a claim under the CGA as having been waived by such a long delay. However, it is unnecessary to decide CI0301_CIV_DCDT_Order Page 2 of 3 w...

6. RN v UM [2023] NZDT 60 (27 February 2023) [pdf, 98 KB]

   ...decided to remove herself from the hearing by disconnecting from the teleconference. Prior to the hearing UM had requested three witnesses be summoned by the Registrar. This was referred to me and I declined the request. The Registrar emailed UM to inform her of that decision and that a decision about witnesses would be made at the hearing. At the commencement of the hearing today UM raised this issue and was told again that witnesses may be summoned after I have heard from both parti...

7. Revised Part 1 Code of Practice [October 2016] [pdf, 58 KB]

   ...period has highlighted that it is time to re-focus some of our earlier work. As part of the new contracting period, we’ve taken the opportunity to make some changes to the Code of Practice and to simplify how you use some of the programme provider forms. Thanks to all of you who helped us make the Code better for everyone. The feedback we received during our monitoring and auditing visits was a great source of improvements. It is important that you share this update with eve...

8. Secondhand Dealers and Pawnbrokers Act 2004 Schedule 1 [pdf, 84 KB]

   ...photography equipment: (d) coins, medals, medallions, and military decorations (but not including coins used as legal tender in New Zealand): (e) compact discs (laser read): (f) computer hardware, software, and other computer-related items: (g) copper in any form: (h) farm bikes and quad bikes: (i) fishing equipment and diving equipment (including wetsuits): (j) electric or electronic consumer goods (including whiteware): (k) games machines and associated games equipment: (l) items made of, or...

9. [2012] NZEmpC 74 N Ltd v O [pdf, 9 KB]

   ...Chris Patterson and Anneke Reid, counsel for plaintiff Garry Pollak, counsel for defendant Judgment: 3 May 2012 ORAL JUDGMENT OF JUDGE B S TRAVIS [1] Having had the benefit of very full written submissions supplemented today, I have formed a clear view that the challenge is unsuccessful and will be dismissed, and that costs will be reserved. The interim stay will carry on in effect until midday tomorrow when the defendant will then be free to resume his normal duties....

10. LZ v I Ltd [2023] NZDT 174 (22 May 2023) [pdf, 178 KB]

    ...I am satisfied that while the gift cards were promotional offers as part of the deal to entice customers, they were not contractual in nature because there was no “consideration” or money paid for their purchase. Because the gift cards did not form part of the contract for the drone and product care, there can be no breach of a contract for failing to return the value of the cards as requested. 12. I further take into account that the promotional cards are called “gift cards” wh...