Search Results

1. UT v T Ltd [2024] NZDT 852 (22 August 2024) [pdf, 113 KB]

   ...due to parking restrictions outside his property. The yellow lines outside UT’s property meant the removalist would have to park 100 meters away. UT claims it was T Ltd responsibility to ascertain the parking restrictions. 4. T Ltd claim it informed UT on the day it could continue with the job, however, due to having to park its truck further away, more removalists would be required. This solution would have incurred further costs which UT did not agree to and therefore cancelled th...

2. M Ltd v DN [2024] NZDT 863 (12 September 2024) [pdf, 92 KB]

   ...interest and $3,450 for debt collection fees. Issues to be determined are: (i) Is DN liable to pay $24,247.43 as claimed? Is DN liable to $24,247.43 as claimed? 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. There is no dispute between the parties as to the original cost of the project. However, DN has claimed the work lacked reasonabl...

3. LM v MH [2024] NZDT 659 (11 September 2024) [pdf, 174 KB]

   ...the Tribunal has an obligation to 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 obligations or to legal forms or technicalities. [11] When considering what is a reasonable cost to recover in the case of rental vehicles the Tribunal considers the circumstances of each case; which may include such matters as the time taken to repair the vehicle...

4. X Ltd v RU Ltd [2024] NZDT 882 (17 October 2024) [pdf, 205 KB]

   ...agreed, with the sponsorship including a shirt sponsorship, and mentions on radio advertising. At the end of the season RU Ltd was invoiced. The sponsorship was renewed the following season, and in 2021 the sponsorship was widened to include a newly formed senior women’s team. In total the sponsorships covered the period 2019-2023. 3. The invoices were not paid, despite promises from HT. HT has subsequently been removed from his positions by RU Ltd for alleged wrongdoing. RU Ltd h...

5. BI v A Ltd [2024] NZDT 833 (19 September 2024) [pdf, 94 KB]

   ...evidence for another vehicle behind him being involved and/or causing all of the damage to all vehicles. Even if it were to be accepted that another vehicle hit the rear of his vehicle, it is not known in what order the impacts occurred. QA’s claim form states “Car in front of me made a random abrupt stop for no reason. I lightly tapped his rear bumper – no damage so we agreed to no action.”, and then “Car behind hit my rear end + fled the scene. No ID.” 5. The above statem...

6. DX v CT [2024] NZDT 834 (8 October 2024) [pdf, 93 KB]

   ...the matter from being heard and determined. Was DX entitled to cancel the contract and receive a refund of his deposit? 7. The general law of contract and the Contract and Commercial Law Act 2017 (CCLA) apply. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. Once the terms of a contract are agreed, both parties are under a duty to the other to fulfi...

7. KX v M Ltd [2024] NZDT 803 (17 September 2024) [pdf, 93 KB]

   ...which has been appropriately calculated as the reduction in value from the original purchase price of the fridge based on its remaining expected life at the time of its failure, plus the reasonably foreseeable loss resulting from that failure in the form of a technician’s fee to assess the problem. Referee: J Perfect Date: 17 September 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something...

8. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

   ...that basis the hearing proceeded as a penalty hearing only. [3] Counsel prepared an agreed statement of facts, however such did not fully accord with its description in that it contains phrases such as “the complainant alleges” and “the former practitioner says …”. [4] Thus, Mr Woulfe, who appeared by Skype connection because he now lives in Rarotonga, was sworn and answered questions from both counsel and members of the Tribunal. Submissions were then heard from counse...

9. BN & IN v X Ltd [2021] NZDT 1616 (30 July 2021) [pdf, 144 KB]

   ...several quotations from the [bank] but as all the quoted premiums were too high, so he decided to look into just insuring the life of IN. 2. As a result of this, BN discussed the issue with a [bank] insurance agent, who filled in the proposal form dated the 23/11/2006. This included full disclosure as to IN medical condition and all her medication. 3. A quotation and a letter of special acceptance was prepared by X Ltd and given to BN and IN but they did not accept that quotation...

10. Civil Proceedings Steps March 2017 [pdf, 826 KB]

    ...For attending Appeal hearing Granting Notes Listed provider did not represent the applicant at review  Where another provider represented the applicant, a request to transfer to the new provider must be submitted  Sufficient information must be provided about the purpose of the appeal and to satisfy the s 10(4)(e) merits test for appeals for example a copy or a draft of submissions to the District Court or a summary of the points to be raised. Listed provider rep...