Search Results

1. TQ v OC [2021] NZDT 1620 (26 July 2021) [pdf, 157 KB]

   ...recourse available to him or her. Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 6. A misrepresentation must be untrue and a statement of past or present fact. 7. It is not enough for a party to say that a representation c...

2. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...breach of vendor warranty under the sale and purchase agreement? 9. The sale and purchase agreement was not before the tribunal, but the standard ADLS agreement was used for the sale. Accordingly, the law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 10. The standard...

3. OJ v KH [2020] NZDT 1534 (4 May 2020) [pdf, 190 KB]

   ...TRIBUNAL District Court [2020] NZDT 1534 APPLICANT OJ RESPONDENT KH The Tribunal hereby orders: 1. The claim is dismissed. 2. All evidence in this proceeding is suppressed unless it is published in anonymized form and not in association with other information that would be likely to personally identify the parties. Reasons: 1. OJ is the owner and operator of EB Escort Agency in [location]. On 2 July 2018, KH joined the agency as one of its es...

4. C Ltd & B Ltd v SU [2024] NZDT 28 (1 February 2024) [pdf, 153 KB]

   ...Was there a binding contract between C Ltd and SU and if so, what was it? 9. 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 offer, an acceptance of that offer, and an exchange of something of value called consideration. 10. This issue was discussed at hearing and all parties agreed that there was no contract between C Ltd and SU....

5. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

6. DL v ET [2023] NZDT 532 (9 October 2023) [pdf, 201 KB]

   ...agreement between ET and DL. 30. This situation, up until 27 January 2023 was akin to two parties working together to fix a problem that impacted both. I do not find that the conduct of the parties amounted to a contract or a binding agreement being formed. They have shared certain costs equally and borne certain costs individually depending on what they saw as fair and reasonable at the time. 31. Accordingly, I do not find there was an agreement between the parties that bound ET...

7. SD v IE & DE [2021] NZDT 1588 (5 August 2021) [pdf, 262 KB]

   ...undertaking to be clearly articulated. If the parties had intended that the retention fund could be used for reasonable remediation and rectification costs only, with the balance being refunded to when the remediation was complete, this would have formed part of the undertaking. 11. I accept the submission of IE & DE that the purpose of the undertaking was to incentivise prompt completion of remedial works so that they could move in as quickly as possible, at a crucial time of the...

8. NI v QQ Ltd [2023] NZDT 577 (26 November 2023) [pdf, 187 KB]

   ...NZDT 577 APPLICANT NI RESPONDENT QQ Ltd The Tribunal orders: QQ Ltd is to pay $873.83 to NI by the 18th December 2023. Reasons 1. In January 2021 NI and [his wife] entered into a contract with QQ Ltd in the form of an Agreement for Sale and Purchase to buy a section and a building contract for a completed building on the land. The contract provided for a completion date to be “16-20 weeks after the floor is laid.” Settlement was to be upon the...

9. GQ v M Ltd [2015] NZDT 1499 (30 April 2015) [pdf, 186 KB]

   ...DN asked GQ to sign up for a twelve-month contract for a Marketplace listing and Google AdWords campaign, while GQ asked if he could have a one- month trial. Eventually GQ signed his name on the screen of an iPad and also signed a paper direct debit form. 2. Within twenty-four hours, M Ltd set up a basic Marketplace listing for the business. On 12 July 2014 when DN rang, GQ said he did not wish to go ahead with the advertising. DN had copied bank details from GQ’s phone onto the direct...

10. JT & JB Ltd v SN [2021] NZDT 1582 (16 July 2021) [pdf, 197 KB]

    ...is to pay $5,806.50 to JB Limited by 7 August 2021 or by payments if JB Limited agrees. Background 1. On 21 February 2021 JT was driving his Lexus taxi in Ghuznee Street. Just before Ghuznee Street meets Taranaki Street, Ghuznee Street forms into two lanes in the same direction. Painted on the road in the left lane there is a left turn only arrow and in the right lane, a right turn only arrow. JT was driving a passenger to Newtown. Vehicles travelling to Newtown would exp...