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1. EW v KR & K Ltd [2024] NZDT 319 (29 April 2024) [pdf, 91 KB]

   ...purchase price be refunded. I have ordered $821.00 less 34 months use of the 120 months (10 years) expected life of the unit. The amount is $588.33. Referee: B M Smallbone Date: Monday 29 April 2024 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...

2. LC v NZ [2024] NZDT 342 (24 April 2024) [pdf, 128 KB]

   ...to the unit. She says she did everything she could to ensure the unit was working well, and it had worked well for her until she moved out of the property. 11. The agreement for sale and purchase is in the Auckland District Law Society standard form, eleventh edition. Clause 7.3(1) of the agreement provides that: “…the vendor warrants and undertakes that at settlement … the chattels in the sale listed in Schedule 2 and all plant and equipment…which provide any services or am...

3. GD v T Ltd [2024] NZDT 351 (22 April 2024) [pdf, 202 KB]

   ...I find that T Ltd was not entitled under the terms and conditions of the contract to retain any of the deposit, and so T Ltd is liable to repay GD the $920.00 it has retained. 4. The law that applies is the law of contract. There was a contract formed when GD accepted T Ltd’s estimate to paint the outside of her rental property. The terms and conditions of the contract are set out in the written estimate that T Ltd provided in April 2023. 5. There is a clause entitled “Deposit R...

4. 20240906-Gambling-Definition-of-Remote-Interactive-Gambling-Amendment-Bill.pdf [pdf, 161 KB]

   ...conclusions in this advice. 3. The Bill amends the Gambling Act 2003 (the principal Act). The principal Act prohibits remote interactive gambling but, until 31 October 2024, the definition of remote interactive gambling excludes class 3 gambling1 in the form of a lottery. This temporary exclusion was to enable licensed operators conducting a lottery to mitigate the effects of COVID-19 on their ability to fundraise.2 The Bill makes that exclusion permanent, allowing those operators t...

5. BP & EP v H Ltd [2024] NZDT 290 (9 May 2024) [pdf, 92 KB]

   ...Director of H Ltd, H, submits that the overarching principle in contractual interpretation is determining the meaning that the document would convey to a reasonable person having all the background knowledge available to the parties when the contract was formed. The ordinary and natural meaning of the words are a powerful indicator of what the words mean. 7. H says that on 23 March 2022 he explained all clauses in the contract, including Part 7, to BP and EP, in person. He recommended...

6. B Ltd v QM [2024] NZDT 288 (8 May 2024) [pdf, 93 KB]

   ...Disputes Tribunal to recover the amount outstanding. It is for the Tribunal to determine if QM is liable to pay that amount even though the zip track blinds have not been supplied. Is QM liable to pay the balance of the account? 7. A contract is formed when the parties agree on the terms and conditions. QM’s original contract was with M Ltd and did include the supply and installation of both the louvre and the zip track blinds. However when B Ltd took over the orders from M Ltd...

7. HG & IU v AA [2023] NZDT 790 (23 December 2023) [pdf, 92 KB]

   ...payment for the service they provided to AA. 2. HG and IU claim the sum of $3,500.00 for their services. The issue to be determined is whether HG and IU are entitled to any further amount of money for their services. 3. For a contract to be formed between two parties there must be an intention to create legal relations, they must intend to create a legally binding, enforceable arrangement. The terms of the contract must also be sufficiently clear and certain. 4. The parties...

8. HX v MT & OM [2024] NZDT 613 (26 August 2024) [pdf, 94 KB]

   ...required to give more than two weeks notice? Is he entitled to a refund of the balance of the bond? 6. The rights and obligations of flatmates usually arise out of their agreement with the head tenant. The agreement may be verbal or written and is formed at the start of the flatting arrangement. If the head tenant wants to impose new terms and conditions after the flatmate has moved in, that is considered a variation of the original agreement. A variation cannot be imposed unilater...

9. KT v DX [2024] NZDT 593 (28 August 2024) [pdf, 172 KB]

   ...acknowledges that DX was not involved in any conversations with her about the loan of the money, although she says DX was aware of it and there is a written statement CI0301_CIV_DCDT_Order Page 2 of 3 from UT to that effect. The agreement was formed though in a verbal conversation that only KT and UT were party to. 9. The two loan amounts were paid by bank transfer to UT’s account (KT points out the couple did not have a joint account) with the reference ‘To UT’. There was...

10. ES v T Ltd [2024] NZDT 547 (2 August 2024) [pdf, 122 KB]

    ...or repair of the silo. 3. No further contact was made by ES to either T Ltd, NC or W Ltd regarding the matter and, on 30 March 2021, NC wrote to ES advising him that if he wished to have the matter settled he would need to sign the discharge form sent to him in February 2019 with the offer of settlement. ES responded on 28 April 2021 stating again that the offer is unacceptable, and he will be filing a claim in the Tribunal. 4. ES filed his claim on 19 February 2024. He claims th...