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1. OX v KN [2024] NZDT 701 (4 July 2024) [pdf, 101 KB]

   ...Fencing Act 1978 does not apply. Is OX entitled to any or all of the sum claimed? 13. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been in had the contract been performed. When assessing losses from a breach of contract, it is necessary that the losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 14. OX claims $1,518.00, which is the sum he paid to a...

2. QQ & TO v FN [2024] NZDT 697 (29 November 2024) [pdf, 198 KB]

   ...reasons I find the advertisement does not misrepresent the bracelet and I must dismiss this claim. 8. I am not required to consider the remaining issue. Referee: C Murphy Date: 29 November 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 r...

3. HK v F Ltd [2024] NZDT 698 (7 November 2024) [pdf, 214 KB]

   ...component and it would be reasonable to expect there would be several other components connecting to that part. The claim under the manufacturer’s warranty must therefore fail. CI0301_CIV_DCDT_Order Page 2 of 3 8. HK also stated the warranty information was misleading. However I find that claim has not been proven. HK agreed the warranty was stated to be on the inverter motor only. Although HK thought this related to the inner workings of the machine, he did not seek clarity...

4. IT v OC Ltd [2024] NZDT 700 (15 November 2024) [pdf, 219 KB]

   ...purchased by IT had been sold, leaving only the less popular colours. IT had purchased one of the popular colours. 7. The Tribunal must make a decision on the evidence that is presented. As it is possible IT may have simply misunderstood the information that was being provided to him, and as there is no CI0301_CIV_DCDT_Order Page 2 of 3 evidence that OC Ltd engaged in conduct that may have misled or deceived IT, I find the claim cannot succeed. The claim is therefore dismissed....

5. HT v BM [2024] NZDT 711 (21 August 2024) [pdf, 97 KB]

   ...keep it under cover if possible or take reasonable steps to protect it from the weather, though HT is not liable for damage caused by any delay in acting by BM. Referee: M Wilson Date: 21 August 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 re...

6. GM v Q Ltd [2024] NZDT 722 (22 August 2024) [pdf, 98 KB]

   ...under Q Ltd’s [reference]. 2. The claim by Q Ltd against GM is dismissed. Reasons Introduction 1. On 11 March 2024, GM (‘GM’) parked in the car park of N Ltd. She was in the park for approximately seven minutes. In May 2024, GM received information from Q Ltd that she had been in breach of using the park and had been sent a breach notice and three reminder notices. GM seeks an order that she is not liable to Q Ltd for the breach and cumulative fees to the value of $320.00.

7. EV & XV v DT & KT [2024] NZDT 723 (13 September 2024) [pdf, 115 KB]

   ...served and there is no evidence to support the notice not being served prior to the commencement of work, then I do not need to consider this issue. Referee: Nigel Wolland Date: 13 September 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 r...

8. XM & KM v U Ltd [2024] NZDT 716 (15 August 2024) [pdf, 97 KB]

   ...XM and KM pursuing these costs. Conclusion 16. For the reasons given above, I order U Ltd to pay XM and KM $717 on or before 12 September 2024. Referee: Saegers DTR Date: 15 August 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...

9. T Ltd v WE [2024] NZDT 705 (13 September 2024) [pdf, 98 KB]

   ...on 10 May 2023 as part of a ‘handshake’ agreement to purchase his cleaning business which had one client at that time, a childcare centre. 2. T Ltd started cleaning at the childcare centre on 1 June 2024, but says that WE did not properly inform the client of the change of ownership. They also claim that the business was not sold properly with respect to GST and other issues. They claim a refund of the $10,000.00 paid for the business as well as interest and other costs for a total...

10. LU v CW [2024] NZDT 734 (21 September 2024) [pdf, 130 KB]

    ...situation where such statements could be regarded as a misrepresentation; b. in these circumstances however it is clear that after or alongside this discussion, a range of other issues were discussed between the parties about the car’s performance. These included items like how it’s starting mechanism performed, and other concerns including thermostat and coolant sensor issues. I note discussion also occurred about work done on the truck, a few items of...