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  1. P Ltd v W Ltd [2024] NZDT 16 (17 January 2024) [pdf, 254 KB]

    ...settling in light winds or still air, as was the case here, would not have caused damage. 22. P Ltd’s claim is not proven and must be dismissed. Referee: C D Boys Date: 17 January 2023 Page 5 of 5 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 fo...

  2. LCRO 139/2018 KB v LD (21 November 2018) [pdf, 101 KB]

    ...complaint, but he wrote to Ms LD on 29 May 2018 saying “I will now withdraw my complaint to the Law Society if you will now undertake to continue to represent me”. [9] Over the preceding months Ms LD had accepted other commitments. Further, Ms LD formed the view that Mr KB was trying to bend her to his will by offering to withdraw his complaint if she would give an undertaking to act for him. Whether or not that view was accurate, Ms LD had accepted other commitments, leaving...

  3. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

    ...fertiliser and travel were not counterclaimed for and so this is my best assessment to provide an outcome that meets the substantial merits and justice of the case. Referee: J Savage Date: 14 December 2023 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...

  4. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

    ...encountered difficulties starting the Car; with battery reliability; and with dashboard warning lights appearing. I accept ML’s evidence she obtained an initial diagnostic check some 5 days after purchase, which indicated a range of faults. This information was passed onto KD, however after some initial assistance, KD stopped responding to messages. ML sought legal advice and obtained a more detailed diagnostic report from DI. This noted cylinders misfiring and the need for alternato...

  5. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

    ...service since it was purchased by the first owner. QX said the oil had been changed and he had done some routine checks, but accepted that there had not been a full service. There was some discussion about how often a full service should have been performed, and about the manufacturer’s guidelines for this. I do not consider that I need to make a finding on this because it was accepted that there had not been a full service of the motorhome at all since it was purchased new. 13. XN...

  6. HB Ltd v K [2021] NZDT 1301 (13 January 2021) [pdf, 212 KB]

    ...also concerned about considerable delays in the provision of the work. The contract estimated the concept phase would take 7-9 weeks (suggesting completion by the end of November 2019). However, initial delays were caused by the slow provision of information, some of which was not received until mid-November. The timeframe could therefore be taken from that period, resulting in a reasonable expectation of completion in late January or February (allowing for the holiday period). Initia...

  7. Notes on High Court Appeal Process May 2019 [pdf, 63 KB]

    ...an appeal to the High Court against that determination. [2] The essential steps to start an appeal to the High Court against a decision of the Authority are: Notice of appeal [2.1] You must prepare a document called a notice of appeal. A form for this notice is attached. [2.2] You must file a notice of appeal with the Authority within 10 working days of the date of the Authority’s decision (Social Security Act 2018, s 406). [2.3] You must also “promptly deliver or post...

  8. EJ v HL & BL [2020] NZDT 1330 (10 June 2020) [pdf, 192 KB]

    ...were present at the time of sale. 12. Ms J states that she had done less than 1,000kms of travel at the time she became aware of the defects, and that the float has spent most of its time in her ownership parked at her property. Whilst this information is not able to be subject to independent verification, the defects upon which the claim are based are not in the nature of fair wear and tear but are fundamental to the structure. Minor matters, such as a wheel bearing, safety chain...

  9. XD v KA [2023] NZDT 348 (30 June 2023) [pdf, 193 KB]

    ...address to the Tribunal but did give an email address. 6. An adjournment was granted on the basis that BX said he was on a plane preparing to fly to China. Subsequently, the telephone line dropped out. It was clearly necessary to gather more information about the respondent. 7. A further hearing was held on 8 June 2023. At that hearing BX again answered the telephone. At this hearing he said that although he knew KA and was involved in the transaction when XD bought the fish b...

  10. SG v QG [2023] NZDT 116 (15 March 2023).pdf [pdf, 202 KB]

    ...SG would collect the boat from the [City 1] Port on 31 August 2022? 7. Parties are bound by express terms of contract. Express terms are those that have been stated. Contract terms must be stated/agreed prior to or at the time the contract was formed. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find it was not a term of the contract that SG would collect the boat from the [City 1] Port on 31 August 2022 for the following reasons: (a) The text messages provided by SG do not have date...