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1. EQ v FI Ltd [2024] NZDT 394 (13 May 2024) [pdf, 138 KB]

   ...one set of keys? d. If so, what is the amount EQ is entitled to? CI0301_CIV_DCDT_Order Page 2 of 4 Was it a term of the sale and purchase contract that the [car] would be sold with two sets of keys? 5. In general, a contract can be formed in a variety of ways. It can be oral, as evidenced by what the parties discussed, or in writing, as evidenced by what the written terms are. Sometimes, a contract may include implied terms. These are things that are so obvious they go w...

2. NI v C Ltd [2024] NZDT 412 (22 April 2024) [pdf, 183 KB]

   ...it may be only as much as 10%. This would be around $287.00. 17. Looking at the overall merits and justice of the case, I consider that a $400 refund to be a fair and reasonable outcome between the parties. C Ltd should have ensured there was a formed contract before it transported NI’s lawn mower. However, it did provide that service, which benefitted NI. Referee: S Simmonds Date: 22 April 2024 Page 3 of 3 Information for Parties Rehearings You can...

3. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...September 2021 for assistance with a partnership visa application. TO is not a licensed immigration advisor, but is, or was at the time, an employee of [Government Agency]. He says he was doing SB a favour, initially by assisting with an Official Information Act enquiry, and later by assisting with the visa application. 2. SB has quite a different version of events. She says she engaged TO to assist with her immigration matters and he charged a fee of $13,000.00 for that assistance (she...

4. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...has agreed to do under the contract. 6. NI requested a quote from Q Ltd to move his belongings. Q Ltd indicated to NI that he should allow 5-6 hours depot to depot with three men. Given NI engaged Q Ltd after that estimate was given, I find that formed the basis of their agreement. 7. NI said he thought it would only take 3 to 3 and half hours as he had recently moved within town and that is how long it had taken on that occasion. However, NI did not indicate to Q Ltd that he thoug...

5. SM v BN & NN [2024] NZDT 387 (5 June 2024) [pdf, 192 KB]

   ...The issues I have to consider are: a. Who was the contract between? b. Was there a misrepresentation that induced SM into the purchase? c. If so, what remedy is appropriate? Who was the contract between? 7. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine whether BN or NN was selling the c...

6. Incident Report for court directed supervised contact - editable [docx, 29 KB]

   Incident Report for court directed supervised contact General Information Provider Name:       Supervisor Name:       FAM & Case Name:       Session No/No of total Contact Sessions/Date:       Day to Day Carer:       Contact Party:       Child/ren’s name/s:       Other Attendees: (Name/Relationship)       Contact Venue/s:       Contact start time:

7. ZX v UE [2024] NZDT 546 (6 August 2024) [pdf, 104 KB]

   ...2. ZX must prove her claim on the “balance of probabilities”. That means that ZX must prove that “it is more likely than not that” UE breached The Contract and Commercial Law Act 2017 section 35. 3. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. In other words ‘an exchange of promises’. 4. UE made and offer to sell his car to ZX and ZX accepted the offer. At that point the parties entered into a...

8. XM v MK & NK [2024] NZDT 559 (5 August 2024) [pdf, 99 KB]

   ...consent to the sale of [Boat]? b. Is XM entitled to reject the boat and receive a refund of the $22,000.00 he paid for the boat? Did both owners consent to the sale of [Boat]? 3. When two parties exchange something of value a contract is formed. In this situation there is a record of a written document recording the sale of [Boat] dated 7 March 2024. 4. XM states he responded to an advertisement on [online], and he contacted the phone number given in the advertisement. He...

9. DN v MH & WH [2024] NZDT 664 (8 September 2024) [pdf, 193 KB]

   ...says there is not an adequate fence must either: a. come to an agreement with the adjoining occupier about the fence; or Page 2 of 4 b. follow a process under section 10 of the FA by giving a s10 notice and providing sufficient information to the other occupier about both the proposed fence, and the process for serving a cross-notice if the other occupier does not agree with the fence. 6. I find no agreement has been made between the parties to erect the fence....

10. EM & MM v QQ & Ors [2024] NZDT 675 (11 July 2024) [pdf, 215 KB]

    ...section from the respondents, QQ and SS. The applicants claim that the respondents were in breach of two provisions of the sale and purchase agreement, and claim compensation for their resulting losses. [2] The agreement was in the standard [redacted] form. The clauses that the applicants claimed were breached by the respondents were cll 6.1 and 7.1. These state, so far as is relevant: 6.1 The vendor shall not be bound to point out the boundaries of the property except that on the sa...