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1. Chalecki v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 154 (30 September 2024) [pdf, 149 KB]

   ...review of the Corporation’s decision of 15 December 2023 regarding Mr Chalecki’s Code complaints and other matters on jurisdictional grounds. [2] On 4 September 2024, Judge Sinclair issued an Initial Minute which directed that Mr Chalecki formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. 2 [3] On 6 September 2024, Mr Chalecki submitted that the appeal was filed late because he put in a notice to appeal before th...

2. MI & ZM v B Ltd [2024] NZDT 435 (12 June 2024) [pdf, 195 KB]

   ...reasonable care and skill? • What remedy is available to the applicants? CI0301_CIV_DCDT_Order Page 2 of 4 Did B Ltd manage its credit/refund and booking processes with reasonable care and skill? 6. As the contract was formed in [Country], and because the Montreal Convention does not cover this aspect of an airline’s dealings with its customers, the Consumer Guarantees Act 1993 (‘CGA’) applies. 7. ZM also referenced the Fair Trading Act, but as the...

3. B Ltd v M Ltd [2024] NZDT 482 (17 May 2024) [pdf, 176 KB]

   ...[2024] NZDT 482 APPLICANT B Ltd RESPONDENT M Ltd The Tribunal orders: M Ltd is to pay the sum of $10,863.00 to B Ltd on or before 31 May 2024. Reasons: 1. This dispute arises apparently as a result of email hacking, more formally known as business email compromise (BEC) fraud. On 14 August 2023, B Ltd issued an invoice to M Ltd for $24,725.00 for demolition work, due on 28 August. The invoice was emailed to M Ltd via [accounting software]’s messaging service...

4. 2024 NZPSPLA 0100.pdf [pdf, 76 KB]

   ...certificate of approval is therefore suspended effective immediately. b) PD can apply for the revocation of the suspension order by emailing the PSPLA setting out why he considers his COA should be reinstated. He must include the following information with his application: • A letter or report from his doctor or mental health professional confirming that PD is complying with all treatment and medication prescribed and is again, from a medical perspective suitable to work as a s...

5. SI v B Ltd [2024] NZDT 326 (8 May 2024) [pdf, 136 KB]

   ...[Country 2 for SINI? (c) What is the appropriate remedy? Did SI require an accompanying person to travel in business class with him under the travel insurance policy? 5. The general law of contract applies. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to CI0301_CIV_DCDT_Order Page 2 of 4 be certain and clear. Once the terms of a contract are agreed, both parties a...

6. NP v B Ltd [2024] NZDT 502 (13 June 2024) [pdf, 129 KB]

   ...$1,000.00 for the cost she paid to have someone go with her to [City] to inspect the cars she had shortlisted for purchase and $500.00 for a warrant, grooming and some minor repairs she had done soon after purchasing the car. As NP stated in her claim form that she is claiming $3,500.00 this is the maximum that could be awarded in the event NP is successful in her claim. 5. NP also seeks for B Ltd to collect and sell the vehicle from the property she was renting when she was in New Z...

7. G Ltd v C Ltd [2024] NZDT 506 (25 June 2024) [pdf, 107 KB]

   ...referred to her ‘counter-claim’ but it was established that she meant her submissions in response to the claim which contained no reference to sums that C Ltd had spent or wished to claim. She did then state at the hearing that she wished to lodge a formal counter-claim. 5. Given that this matter has been through a rehearing process (because the respondent did not receive notices prior to the first hearing), and that the rehearing decision states that any counter-claim needed to b...

8. EG & SG v BT & MT [2024] NZDT 365 (18 June 2024) [pdf, 152 KB]

   ...BT and MT have hung washing, including underwear, high up in an area that is close to the fence, and clearly visible. EG and SG seek an order that these items be removed. Their claim has no monetary value; the sum of $1.00 is stated on their claim form. [2] EG and SG provided photos of the area in question. The photos showed that there were fabrics of different kinds at a height exceeding that of the 2 metre high fence. A washing line, or lines, could be seen above the fence, and washing...

9. C Ltd v T Ltd [2024] NZDT 453 (11 June 2024) [pdf, 183 KB]

   ...business. Is C Ltd entitled to claim compensation of $30,000.00? 7. For a wronged party to be entitled to damages for misrepresentation under s35(1)(a) of the CCL, they must prove that the representation was made to them prior to the contract being formed; the representation induced them to enter into the contract; the representation turned out to be incorrect; and loss was suffered as a result. 8. Sales were so poor that the business had to cease trading. As company director, Mr...

10. ET v MC & DC [2022] NZDT 119 (5 August 2022) [pdf, 200 KB]

    ...of the existing fence. MC and DC failed to object to his taking that action therefore they can be regarded as having given tacit approval to his proposed actions. 10. I find MC and DC’s failure to respond to that notice as not amounting to any form of approval or consent. They had issued a cross notice objecting to a new fence so that was their last word on the matter. They did not need to keep objecting no matter how many notices were served thereafter. 11. Adequacy of existing...