Search Results

1. SX v A Ltd [2023] NZDT 462 (19 September 2023) [pdf, 204 KB]

   ...following their installation instructions, and the installer, [plumbing company], has refuted this in writing saying that they believe it to be a product fault. Referee Perfect Date: 19 September 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...

2. UN & QN v U Ltd [2023] NZDT 443 (9 September 2023) [pdf, 212 KB]

   ...transferred to the following year, January 2023, to which Holiday Park agreed. 5. Holiday Park says its electronic booking system does not accept bookings more than 11 months in advance, so departing guests’ requests are noted on booking request forms and then entered later once the system allows. 6. When UN and QN arrived for their January 2023 holiday, they were allocated a different site to the one requested and not one of the waterfront sites. UN and QN protested and refused to...

3. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

4. LN v JH Ltd [2022] NZDT 16 (18 February 2022) [pdf, 150 KB]

   ...Act 1988). Presuming the LN was aware of this, I suppose his purpose was not so much about the money as about having his complaints properly heard. Referee: E Paton-Simpson Date: 18 February 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 rehe...

5. JU Ltd v U Ltd [2021] NZDT 1633 (6 October 2021) [pdf, 205 KB]

   ...was most likely to have occurred on a number of separate occasions. Therefore, I find that it was caused by multiple events, and U Ltd is entitled to charge multiple excesses. 8. U Ltd has charged excesses on a room by room basis. It presented information from the Insurance Ombudsman as the basis for calculating the excesses this way. No other arguments or suggestions for a basis on which to calculate the correct number of excesses were made. Therefore, I accept U Ltd’s calculations...

6. HM and X Ltd v TM [2021] NZDT 1638 (6 July 2021) [pdf, 201 KB]

   ...policy) should pay TM 60% of the damage that his vehicle suffered, if in fact it suffered any, in the collision that was the subject of this claim. Referee: C Hawes Date: 6 July 2021 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...

7. ZC v N Ltd [2023] NZDT 573 (28 November 2023) [pdf, 200 KB]

   ...agreement. As that is set out in clause 10 and the contract has been signed by ZC, the warranties implied in the CCLA do not apply to the contract between ZC and N Ltd. Referee: G R Meyer Date: 28th 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...

8. KI & LG v CN & MT [2019] NZDT 1507 (30 May 2019) [pdf, 155 KB]

   ...& LG RESPONDENTS CN & MT The Tribunal hereby orders: CN and MT, jointly and severally, are to pay the sum of $9,033.79 to KI and LG on or before Thursday 13 June 2019. Reasons: 1. The respondents are the former owners of land over which there was a right-of-way used as a driveway by several of their neighbours, including the applicants. Following a slip on 7 July 2016, the parties disagreed over who was responsible to pay for repairs to the drivew...

9. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...May how they will share the loss. If the amount ordered is not paid the applicants may enforce the order against either or both respondents. Referee: B M Smallbone Date: Monday, 3 May 2021 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 re...

10. QN v OR [2018] NZDT 1526 (9 February 2018) [pdf, 187 KB]

    ...agreement provides: “In consideration of the sum of $1,000.00 the Grantor agrees to grant to the Grantee as easements in gross (“the Easements”) the right to install, operate and maintain the Station on the Site together with access over the formed Access Track and conveyance of electricity to the site as shown on the plan annexed hereto.” 3. From late 1990 until mid-1995 the parties attempted to negotiate a licence agreement which would provide OR’s occupation rights as...