Search Results

1. NE & HE v S Ltd [2023] NZDT 154 (1 May 2023) [pdf, 102 KB]

   ...employee of the company. That employee had apparent authority to bind the company, even if they did not have actual authority. That is sufficient to evidence an offer, which was accepted by signing and returning the document. The contract was therefore formed once that occurred, on 16 May 2022. CI0301_CIV_DCDT_Order Page 2 of 4 8. The one-month delay in signing had arisen as the applicants had needed to obtain information about insurance and building issues, which took a few...

2. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [pdf, 224 KB]

   ...guarantee of acceptable quality. 15. For these reasons, that $595.00 part of the claim does not succeed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Date: 15 January 2021 CI0301_CIV_DCDT_Order 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 rehe...

3. HD v FT [2017] NZDT 1396 (20 March 2017) [pdf, 183 KB]

   ...are reasonable as they have been approved by an assessor. 11. Accordingly FT is liable for the costs of repairs to HD’s car of $3,883.78. Referee: E Paton-Simpson Date: 20 March 2017 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply...

4. Contract Compliance statement 7May2021 [pdf, 215 KB]

   ...realistic measures you can take to help comply with the terms and conditions of the Contract. We acknowledge some may not be appropriate for the type or size of your organisation. • Once completed, please hold the self-assessment form within your organisation for review and audit purposes. We may discuss your assessment with you. • You should review and update your self-assessment annually, or more frequently if your systems and processes change. • Footn...

5. B Ltd v KT Ltd [2022] NZDT 94 (22 August 2022) [pdf, 177 KB]

   ...that [Booking Website A] term exists and that that is its wording (because TQ only quoted it in his own letter), that is a term pertaining to members’ use of the [Booking Website A] platform and cannot automatically be implied into every contract formed using the platform and it is noted that many listings do contain explicit and varied terms/rates with respect to commercial use of the premises. 10. In relation to the above issue, KX has provided direct evidence from [Booking Website...

6. BL v K Ltd [2023] NZDT 176 (1 June 2023) [pdf, 193 KB]

   ...K Ltd confirmed today that the correct commission is $11,765.42 and BL accepted this figure. Therefore, I find that BL is entitled to a commission of $11,765.42. Referee: Sara Grayson Date: 1 June 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. N Ltd v Q Ltd [2024] NZDT 177 (11 April 2024) [pdf, 197 KB]

   ...with Q Ltd by parking where it did and what were the terms of that contract? 17. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. There also needs to be certainty and clarity as to what is being agreed between the parties. 18. As Q Ltd did not attend the hearing and did n...

8. Expression-of-Interest-High-Court-Judge-2024 [pdf, 328 KB]

   ...out in the Attorney-General’s published protocol, appointments are made considering personal and legal skills and experience, along with their character, and their experience and understanding of the communities they will serve as judges. This form provides an opportunity to highlight experience; a more extensive work and personal history should be contained in a curriculum vitae that addresses all the criteria in the published protocol. Use additional pages to respond more fully on a...

9. BD & SO v LM Ltd & LL [2024] NZDT 242 (21 March 2024) [pdf, 135 KB]

   ...diligence period for a buyer to take over business email addresses, for example. However, in this case it cannot be established that the sellers had provided sufficient certainty of terms about what was being sold for there to have been a contract formed in the first place, even a conditional one. For that reason, I find that it would be inappropriate to allow retention of any portion of the $10,000.00 payment and it is to be refunded to the applicants in full. 13. The remainder o...

10. DN v B Ltd [2024] NZDT 248 (4 April 2024) [pdf, 180 KB]

    ...costs. The claim is not frivolous or vexatious nor has any party unnecessarily prolonged the proceedings. On this basis the claim for costs is dismissed. Referee: Nigel Wolland Date: 4 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 a...