Search Results

1. EE v H Ltd [2023] NZDT 280 (10 August 2023) [pdf, 214 KB]

   ...the cost of the Tribunal filing fee as such costs are not recoverable in the Tribunal due to the provisions of section 43 of the Disputes Tribunals Act 1988. Referee: K. Edwards Date: 10 August 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...

2. IAA v Sparks [2013] NZIACDT 5 (07 February 2013) [pdf, 170 KB]

   ...New Zealand as a licensed immigration adviser. Mr Sparks and Ms Maerean first had contact with their client when he arrived in New Zealand from the Philippines to take up work. They met him in person when he arrived, not having previously had any form of direct communication. [7] The Authority investigated and, to put the matter briefly, complains that: [7.1] Mr Sparks failed to act professionally in having his Philippines colleagues provide immigration services, which should have bee...

3. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

   ...carriage are clear that it is the responsibility of the passenger to get to the departure gate on time. KX and KD accept this. 7. To comply with the guarantees under s.28 (CGA 1993), B Ltd had to take reasonable care to ensure that KX and KD were informed when the flight was departing. CI0301_CIV_DCDT_Order Page 2 of 3 8. I find B Ltd did take reasonable steps to notify KX and KD about the updated departure time so that they could get to the gate on time. 9. I make thi...

4. Q Ltd v UB [2023] NZDT 564 (21 November 2023) [pdf, 217 KB]

   ...additional cleaning charges justified? 5. I find that Q Ltd is contractually entitled to charge for additional cleaning required under clause 3(g)(iii) of their terms and conditions and find further that they have provided sufficient evidence in the form of photographs and detail of staff hours incurred to justify the charge of $612.50+GST. CI0301_CIV_DCDT_Order Page 2 of 3 6. The hirers were required to leave the venue in ‘good, clean and tidy condition’ and they did not....

5. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...granted jurisdiction to hear and determine such claims. Such a claim is therefore outside of the jurisdiction of the Disputes Tribunal. (In addition, the wrongfully placed structure has already been removed.) 14. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at wha...

6. MR v BJ Ltd [2022] NZDT 17 (20 April 2022) [pdf, 234 KB]

   ...as a replacement TV equivalent to the one damaged was offered in accordance with the policy, the claim cannot succeed. The claim is accordingly dismissed. Referee: K Edwards Date: 20 April 2022 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. NJ Ltd v WJ Ltd [2022] NZDT 29 (25 February 2022) [pdf, 212 KB]

   ...losses it believes are covered under the policy of insurance. I accept the submissions made by NJ and have ordered the amount claimed. Referee: B M Smallbone Date: Friday, 25 February 2022 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...

8. M1 Ltd v M2 Ltd & FS [2023] NZDT 739 (15 December 2023) [pdf, 205 KB]

   ...hearing had the applicants undertaken due diligence. It is noted in the 1 [2003] 1 NZLR(HC & CA) 2 Hunter v Chief Constable of the West Midlands Police [1982] AC 529 CI0301_CIV_DCDT_Order Page 3 of 4 decision that the applicants informed the Tribunal that they didn’t have the evidence because they hadn’t started work on it yet. However, in the original claim, it is clear in their application that they had been informed that a BWOF was required, even though they had...

9. EC v ST [2024] NZDT 37 (23 February 2024) [pdf, 211 KB]

   ...accident valuation of the vehicle, and evidence to support the value of the wreck. This evidence was supported by the evidence of NO who represented BC Limited. Referee: R Merrett Date: 23 February 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 rehe...

10. TUW & TJW v TX & HL [2024] NZDT 358 (10 May 2024) [pdf, 186 KB]

    ...chattels to go with the property. Both parties agreed the gate was not listed as a chattel. Conclusion 8. For the above reasons, the claim is dismissed. Referee: L Thompson Date: 10 May 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...