Search Results

1. QI v KI & L Ltd [2024] NZDT 629 (11 July 2024) [pdf, 188 KB]

   ...their dealings with QI? (b) If so, what is the appropriate order? (c) Is QI entitled to his filing fee? 5. QI attended the hearing via teleconference. KI is currently incarcerated. The Tribunal phoned KI in prison (pre-arranged) and when I informed him that QI was on the line KI stated, “I have nothing to say to him” and the call was disconnected. 6. The absence of a party does not prevent a claim from being heard and determined. Did KI and L Ltd engage in misleading or decep...

2. BG v BO Ltd [2024] NZDT 632 (8 October 2024) [pdf, 186 KB]

   ...and accepted the change fee. And that BO Ltd did not breach the Act. 15. BG is not entitled to a refund as sought and the claim is dismissed. Referee: A Chand Date: 8th October 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 re...

3. IJ v BS [2024] NZDT 645 (17 October 2024) [pdf, 191 KB]

   ...able to wander onto IJ’s property, in the absence of any evidence from BS about how that happened, raises the inference of negligence. b. L did not have the containment collar on when the incident happened. Again, in the absence of any other information it is reasonable to infer that this is due to a lack of reasonable care by BS. c. Even if N went onto BS’ property before the attack, this is irrelevant in terms of BS’ legal liability for any type of damage caused by L.

4. GX v J Ltd [2024] NZDT 641 (3 September 2024) [pdf, 211 KB]

   ...have a policy for Roadside Assist for this vehicle, and as he did not incur the cost of the tow in reliance upon any advice or representations of J Ltd. Referee: DTR Edwards Date: 3 September 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...

5. QN v UD & ND [2024] NZDT 640 (26 August 2024) [pdf, 225 KB]

   ...although I accept that the respondents breached their contractual obligations to [website], that does not necessarily invalidate the contract that the applicant and the respondents entered into. 14. I take into account that [website] is a platform and does not take part in the transactions. Those transactions are between the members. 15. For these reasons, I am satisfied that the [website] terms and conditions do not effect the agreement between the parties because it was their a...

6. MM v UN Ltd [2024] NZDT 668 (22nd July 2024) [pdf, 215 KB]

   ...regarding the damage. However, the carrier did not produce its phone recordings of the conversations after the move, so I draw an adverse inference that the evidence of these recordings would be likely to have supported the owner’s claim that she informed the carrier of the damage by phone. 10. The terms and conditions required written notice of insured damage within 24 hours, but the context suggests that this limitation only applies to damage caused by the vehicle being involved in...

7. BL v E Ltd & UFH Ltd [2024] NZDT 655 (15 July 2024) [pdf, 218 KB]

   ...https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312810#DLM312810 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312813#DLM312813 https://www.legislation.govt.nz/act/public/1993/0091/latest/link.aspx?id=DLM312816#DLM312816 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 n...

8. KU & LU v D Ltd [2024] NZDT 742 (7 November 2024) [pdf, 179 KB]

   ...Therefore, I order that D Ltd must refund KU and LU $1757, on or by 5 December 2024, and must arrange to collect the dinghy from them. Referee: C D Boys Date: 7 November 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 r...

9. T Ltd v ND [2024] NZDT 739 (22 August 2024) [pdf, 187 KB]

   ...QX knew the auctioneer had already flown down for the auction. 13. Accordingly, I find that ND is required to pay the auctioneer’s fee of $805.00. Referee: S Simmonds Date: 22 August 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 re...

10. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

    ...evidence to the contrary, I accept QG’s account of the agreements reached and what occurred subsequently, as set out in paragraphs one to three above. So, I find that she is entitled to the sum claimed as EK has breached the contract by failing to perform his contractual obligations, with QG receiving nothing in return for the payments she made to EK for the bathroom fit out and the tiles. 8. I also find that EK has engaged in misleading and deceptive conduct in trade, contrary to...