Search Results

1. UD v XI Ltd [2024] NZDT 345 (29 April 2024) [pdf, 86 KB]

   ...omission on which the claim is based, and this means that no relief is available under either the Building Act or the Consumer Guarantees Act 1993 in this case. Referee: L Trevelyan Date: 29 April 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

2. CU v EM & ors [2024] NZDT 272 (2 May 2024) [pdf, 102 KB]

   ...1]. 20. Therefore I must find that the Disputes Tribunal does not have jurisdiction to hear and determine the claim, and the claim must be struck out. Referee: Nicholas Blake Date: 2 May 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

3. KG v TQ [2023] NZDT 789 (22 December 2023) [pdf, 93 KB]

   ...entitled to a refund for the tree removal? 9. Section 36 (1)(a) of the Contract and Commercial Law Act 2017 states that “A party to a contract may cancel it if, by words or conduct, another party (B) makes it clear that B does not intend to - perform B’s obligations under the contract”. If a party to a contract has paid money in anticipation of the other party’s performance, but there has been a total failure to perform by the other party, the remedy is recovery of the sum paid....

4. QH Ltd v BD [2024] NZDT 283 (26 February 2024) [pdf, 172 KB]

   ...Therefore, this suggests that the cheaper repair option has not been totally satisfactory. BD is lucky that QH Ltd did not insist on a full replacement. Referee: Sara Grayson Date: 26 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

5. GC v U New Zealand [2024] NZDT 280 (17 May 2024) [pdf, 198 KB]

   ...defect, rendering it not fit for the purpose or of acceptable quality, I find the claim must fail and is accordingly dismissed. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: DTR Edwards Date: 17 May 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

6. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...circumstances, it would be fair and reasonable to allow a 30% discount on the product to ND which is rounded to $80. 17. Therefore, MI Ltd are ordered to refund $80 to ND. Referee: S Malaviya Date: 8 May 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to ap...

7. NC v X Ltd [2024] NZDT 274 (10 May 2024) [pdf, 205 KB]

   ...conducts audits and has processes in place to ensure this does not happen, however with any manual system, it is possible mistakes are made. KB considers it unlikely all previous orders of this product were expired. NC had asked for batch number information however KB states that although their distribution warehouse may have records of batches received, there is no system to identify what batch was sold to a particular customer. KB stated this is the same for all retailers. I accept t...

8. QE v TA [2023] NZDT 791 (22 December 2023) [pdf, 91 KB]

   ...not likely to have been caused in this collision. Conclusion 9. For these reasons TA is to pay J Ltd the sum of $2,229.74 by the date stated in the order. Referee: K Rendall Date: 22 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

9. LN v HN & FN [2024] NZDT 271 (4 April 2024) [pdf, 94 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 271 APPLICANT LN RESPONDENT HN SECOND RESPONDENT FN The Tribunal orders: 1. FN shall, by no later than 15 May 2024, update the NAIT information on the 23 calves that he tagged, to show that ownership of the calves is transferred / reverted to LN. 2. If this is not completed by 15 May 2024, FN must pay LN $9,200.00 immediately. Reasons 1. LN and FN are brothers. HN

10. BL v EE [2024] NZDT 273 (27 March 2024) [pdf, 172 KB]

    ...keep to my money loan agreement” sufficiently shows EE understood she was being loaned money to help her out. 7. I award the amount of $5,415.00 be paid to BL by EE. Referee: S Connell Date: 27 March 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...