Search Results

1. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...a consumer under the CGA. Was there a contract between the parties, and if so was it a term of the contract that the work would be carried out in an acceptable and tradesperson-like manner? 8. The Law of Contract provides that a contract is formed when there is offer, acceptance, consideration, and the parties intend to be legally bound. The terms and conditions of a contract should be clear and known to both parties because each parties’ rights and obligations under the contract...

2. IW v CZ [2024] NZDT 498 (29 May 2024) [pdf, 202 KB]

   ...in touch with her (since her details were not recorded on the TCR). KF confirmed that she did not know CZ prior to this incident and said she had been taking her daughter to sports practice that day and her daughter was wearing a [sports club] uniform. KF was later contacted by members of the club telling her that CZ had provided the photo taken at the scene to the Club’s Facebook page to request assistance with identification of the witness/es and contact details. 17. The above ex...

3. TU v I Ltd & NT [2024] NZDT 504 (19 June 2024) [pdf, 104 KB]

   ...so, whether TU is entitled to a remedy, and if so the remedy he is entitled to; (d) Who is liable to pay TU. Was there a binding contract for the sale of the coffee machine to TU? CI0301_CIV_DCDT_Order Page 2 of 4 9. For a contract to be formed, the elements of a simple contract must exist. These are offer, acceptance, consideration (an exchange of value, or a promise to exchange value), and an intention to create a legal relationship. 10. I find a contract was formed for the...

4. OL Ltd v TG [2024] NZDT 312 (23 April 2024) [pdf, 168 KB]

   ...employment mediation, and its terms of engagement were sent to TG the same day she made contact with them. In short, the client agrees to pay the greater of one-third plus GST of any financial settlement achieved OR $300 plus GST per hour for work performed, for work up to and including mediation with the employer. If the process continues beyond employment mediation, to the ERA or Employment Court, all work is to be performed on the basis of an hourly rate charge, that is, the contract...

5. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...website was also updated to remove that requirement. 14. HT said he had seen on-line months before booking that there would be pre-departure testing for Covid. I accept that HT read this on the IF Ltd website. But there is no evidence that it formed part of the contract between him and IF Ltd at the time he booked his cruise, because he has been unable to provide any evidence that it was still on the IF Ltd website at the time of his booking. 15. HT cannot rely on something he r...

6. O Ltd v D Ltd [2024] NZDT 362 (20 June 2024) [pdf, 214 KB]

   ...commercial and are fully acceptable from a quality perspective. For bottles of this shape, variation in thickness will commonly present within the ‘base’ and ‘sidewall’ of the vessels. This is a common occurrence due to the “blow and blow’ forming process used to manufacture the bottles, coupled with the horizontally aligned shoulder and rectangular shape (which provide additional manufacturing challenges in themselves). Being made of the high quality ‘super-flint’ glass d...

7. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...contract must exist. These elements are offer, acceptance, consideration (an exchange of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. A contract can be formed without it being formalised in writing. All that is required is that the elements of a simple contract exist. 7. I find that the parties had entered into a contract. This is for the following reasons: a. I find that the email from...

8. BE v TD Ltd [2023] NZDT 317 (25 July 2023) [pdf, 190 KB]

   ...recommended that the rack be replaced. B Ltd replaced the rack with a secondhand one in August, and TD Ltd covered the cost involved. [4] After this, the vehicle drove better, but there was still a knock present. BE continued to drive the car, her only form of transport, to work. In November 2022, when driving to [Town], she drove for the first time over a particularly bumpy road at 100 kph. The rack made excessive noise, and seemed to pull or shake the steering wheel. BE felt unsafe....

9. IL v BG [2023] NZDT 449 (18 August 2023) [pdf, 226 KB]

   ...created in writing or orally, or partly in writing and partly oral. It is more difficult to prove the existence of an oral contract but, once proved, it is legally enforceable between the parties in the same way as a written contract. 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. 12. IL filed the house sharing agreement with the Tribunal which was signed by her on the 22 February 2023...

10. [2018] NZSSAA 30 (15 June 2018) [pdf, 134 KB]

    ...65. On 24 August 2012, the Ministry wrote to the appellant advising him that he was required to test his entitlement to a benefit or pension from the United Kingdom. The appellant subsequently confirmed that he had sent completed application forms direct to the United Kingdom Pension Service (UKPS). The Ministry asked the appellant to notify it of the decision. [3] It appears that the Ministry did not follow up on the appellant’s application for a United Kingdom pension u...