Search Results

1. DC & EC v KI [2025] NZDT 18 (17 January 2025) [pdf, 120 KB]

   ...are: a. Has there been a breach of contract by KI? b. If so, what remedy is appropriate? Has there been a breach of contract by KI? CI0301_CIV_DCDT_Order Page 2 of 4 6. The relevant law is contract law. 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 breach occurs when one party does not do something they agreed to do. 7. I find KI breached the contract by failing to provide th...

2. B Ltd v UT & QT [2024] NZDT 714 (28 August 2024) [pdf, 107 KB]

   ...Whether there was a legally binding contract between the parties that required UT and QT to pay B Ltd $17,000.00? 3. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. 4. B Ltd said that they had signed a settlement agreement with UT and QT in early 2024 and they had agreed to pay the sum of $17,000.00 to them as part of a full and final settlement...

3. KO v UQ [2025] NZDT 20 (30 January 2025) [pdf, 214 KB]

   ...Disputes Tribunal Act 1988 “The Tribunal shall determine the dispute according to the substantial merits and justice, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.” I have no doubt that in all these circumstances the flatmate was entitled to cancel the agreement before it commenced. 12. As explained in the hearing, the Disputes Tribunal Act 1988 does not allow for recover...

4. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

   ...2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored in an upright position but did not understand that this was be

5. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...contract which was made in writing; is clearly expressed to be at owner’s risk; and is signed by the parties. 9. For the avoidance of doubt, I accept: a. “in writing” and “signed” in this case refer to completion of an online booking form, which was completed by IC’s wife ND on the family’s behalf; b. for the purposes of the CCLA I am satisfied the steps necessary to complete the online booking in the sense that items are ‘written’ or ‘signed’ doe...

6. EN & JE v TT & EH [2024] NZDT 754 (5 November 2024) [pdf, 98 KB]

   ...therefore made for one week of rent. Are EN and JE entitled to be refunded the full amount of the bond? 8. The parties agree that it was EN who paid the money that was used for the bond. EN showed that it was noted on the tenancy bond lodgement form that he had contributed $2,720 and his partner had contributed $2,720, however, TT and EH were noted on the bond lodgement of having not paid the bond. EN said that as he had paid all the bond, it should have been transferred to him...

7. TL v TF Ltd [2024] NZDT 755 (29 August 2024) [pdf, 165 KB]

   ...Commercial Law Act 2017 (CCLA) applies. 15. The issues are: What type of contract of carriage was this? Is TF liable for the damage claimed? Is TL entitled to compensation? What type of contract of carriage was this? 16. The contract was formed when TF accepted and confirmed TL’s removal booking. 17. Contracts for the carriage of goods are governed by the Carriage of Goods section of the CCLA. The Act states that there are 4 different types of contracts for the carria...

8. NM & TX & KC [2024] NZDT 758 (13 November 2024) [pdf, 122 KB]

   ...to her. 2. NM and TX claim $4,999.00 from KC for her contribution, saying completion of the fence cost them in excess of $12,500.00. In claiming this sum they acknowledge there was no agreement for KC to pay this specific sum, but the claim form required them to nominate a sum, and they say this represents a fair contribution in all the circumstances. 3. This matter was heard before me by teleconference on Friday 11 October 2024 at 2pm. KC previously provided written submission...

9. HX v OH [2024] NZDT 849 (7 October 2024) [pdf, 105 KB]

   ...plus materials but it’s a big job”. 17. This message supports OH’s recollection that HX initially gave a price of $3000. b. Is HX entitled to any more payment from OH? 18. If a person gives a price for goods or services that term forms part of the contract between them. 19. There is a difference between a quote and an estimate, and there can be substantial differences between types of estimates depending on the words used by the parties and the context of the transacti...

10. NG v DN [2024] NZDT 837 (20 November 2024) [pdf, 202 KB]

    ...cost could not be estimated at that time but a retainer of $1,500.00 was requested with the explanation of fees associated with each Solicitor and a letter of engagement that was signed by DN. The terms of engagement included the fee structure, information on retainers, payment procedures and accounts. 2. On 12 February 2024, the scope of work changed, and NG were instructed to attend and represent DN at Court the following day. Under urgency court documents were prepared for DN. A fu...