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1. B Ltd v H Ltd [2022] NZDT 270 (20 December 2022) [pdf, 182 KB]

   ...and Commercial Law Act 2017 provides that a party may cancel a contract if the other party breaches a term in the agreement. I have found that H Ltd has breached a term of the agreement. 8. However, the contract may only be cancelled if the performance of that term is essential to the cancelling party or significantly increases their burden. I accept the evidence PO that the time when the trailer would be made was agreed to at the outset of the contract and was impliedly an essential

2. CV v IT [2023] NZDT 185 (31 July 2023) [pdf, 225 KB]

   ...the amount that she should have paid to have the cabin built to an acceptable standard. e. IT is not obliged to pay CV. f. CV’s claim is dismissed. Referee: Nicholas Blake Date: 31 July 2023 Page 4 of 4 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 reh...

3. KL v SH [2023] NZDT 367 (14 June 2023) [pdf, 181 KB]

   ...sale. SH breached that term by taking several months to discharge the security interest. 11. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. When a party is claiming consequential losses those losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result from the breach. 12. KL claims a total of $1,000.00 for stress and inconvenie...

4. KC v M Ltd [2023] NZDT 494 (3 October 2023) [pdf, 202 KB]

   ...an early termination fee for this year long commitment is payable I find, in the particular circumstances of this dispute, that $200.00 is a reasonable termination fee. Referee: Hayes Date: 3 October 2023 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. DH & XH v G Ltd [2024] NZDT 9 (24 January 2024) [pdf, 177 KB]

   ...evidence of the current equivalent models, I order that G Ltd is to refund the cost of the Furniture; $4,596, on or by 16 February 2024. Referee: C D Boys Date: 24 January 2024 2 Section 21 CGA 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...

6. EN & ND v QI & MI [2023] NZDT 272 (21 July 2023) [pdf, 181 KB]

   ...unable to award costs of this type because of section 43 of the Disputes Tribunal Act 1988. There are some exceptions to this but none of them apply in this case. Referee: M Wilson Date: 21 July 2023 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 reh...

7. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

   ...to be determined were as follows: a. Did the Respondent cause the damage as alleged? b. If so, then what is an appropriate amount to be paid by way of compensation? Did the Respondent cause the damage as alleged? 4. A person in trade performing work on a car for a customer owes a duty, whether in contract or the general law of tort, not to damage the car being worked upon. It might also be a breach of the Consumer Guarantees Act 1993. However, in a Tribunal or Court hearing ab...

8. HG v ET [2020] NZDT 1411 (1 July 2020) [pdf, 117 KB]

   ...against BW is withdrawn. Reasons CI0301_CIV_DCDT_Order Page 2 of 4 1. On 23 January 2020, four vehicles were involved in a nose-to-tail incident on [highway]. 2. At the point where the incident occurred, a stationary queue of traffic had formed on the road. HG, driving a [car], (referred to as “Driver A”) arrived at this queue, and was able to stop short to avoid hitting the car in front of him. However, ET, who was driving a car owned by IK of TQ Ltd, was travelling b...

9. LT v OT Ltd [2023] NZDT 356 (23 May 2023) [pdf, 185 KB]

   ...applicant how much access was needed to deliver a sofa of this size. Has the applicant repudiated the contract? 8. Section 36 of the CCLA sets out that where a party to a contract repudiates it by making it clear that they do not intend to perform their part of the contract, the other party may cancel. 9. In this case, I find that the applicant repudiated the contract by making it clear that she was not going to accept delivery of the sofa. The applicant told the Tribunal that...

10. ED v G Council [2023] NZDT 558 (24 November 2023) [pdf, 228 KB]

    ...enactment”. 13. Accordingly, the Tribunal has no jurisdiction in relation to ED’s declaration of non-liability and Council’s monetary claim. Referee: Ms Gayatri Jaduram Date: 24 November 2023 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 rehe...