Search Results

1. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

   ...If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under 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. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking a...

2. TG v NNI [2022] NZDT 139 (15 September 2022) [pdf, 229 KB]

   ...professional nature and that the CGA applies. This is for the following reasons: a. NNI had posted on social media ‘We are happy to be offering hairdressing services to you … hair colour … expert highlights … to reserve a time or for more information please get in touch with the below number …’ I find that an ordinary person would take these words to mean what they say, and that NNI was offering hairdressing services. In making this finding I have had regard to NNI saying...

3. HZ v X Ltd [2023] NZDT 21 (14 March 2023) [pdf, 184 KB]

   ...a charge up rate of $65.00 per hour and the price charged by X LTD was reasonable. Therefore, HZ is ordered to pay the full amount of the X LTD invoice. Referee: Sara Grayson Date: 14 March 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. RT Ltd v LC [2020] NZDT 1413 (27 July 2020) [pdf, 193 KB]

   ...responsible for arranging the removal of the clamp and in the process of doing so caused damage to the clamp. CI0301_CIV_DCDT_Order Page 3 of 4 Is RT Ltd entitled to claim debt collection fees and an administration fee? 13. A contract is formed when two parties agree to exchange something of value. Both parties must agree the essential terms of the contract. 14. NU, for RT Ltd, states that the notice includes that those parking accept his company’s terms and conditi...

5. QN v NI [2023] NZDT 128 (12 May 2023) [pdf, 193 KB]

   ...claimed to be paid $6,349.61 for the costs he incurred to repair the property. 7. The issues to be resolved are: (a) Did NI agree to sell her house to QN? CI0301_CIV_DCDT_Order Page 2 of 4 (b) If not, did NI allow QN to perform work upgrading the property that she has been enriched by? (c) If so, what loss can QN show he has incurred that he is intitled to be compensated for? Did NI agree to sell her house to QN? 8. QN said that the agreement was that he...

6. SQ v KL & L Ltd [2023] NZDT 180 (22 June 2023) [pdf, 196 KB]

   ...after ‘the contract completion date in February 2022. That invoice listed the Council inspection costs which required KL’s presence as the LBP. The invoice also listed $2,883.20 for hours for Council liaising; costs for requests for further information for $2,605.44 and other costs including milage, administration, stationary and a ps3 package and ps4 certificate. 13. I have considered both L Ltd’s and SQ’s written, and oral submissions and I am satisfied that SQ has proved tha...

7. HI v UD [2023] NZDT 359 (4 April 2023) [pdf, 201 KB]

   ...may have destabilised it. (d) HI provided one page of an EQC report on the slip which noted that the land on which the house sits is “cut and fill” from the construction of the road, and the road above is also on a “cut and fill” platform. The bank is therefore not a natural structure. This factor sets the case apart from the case law cited, as there would be additional considerations about liability for land where a slip has occurred from a man-made bank, rather than a na...

8. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

   ...a replacement or refund. It refused to do so. Therefore, TU is entitled to cancel the contract and obtain a full refund of the original purchase price. Referee: J P Smith Date: 26 September 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 rehe...

9. CX & EB v TK [2023] NZDT 342 (31 May 2023) [pdf, 205 KB]

   ...purlin replacement. What remedy, if any, is available to CX and EB? 16. For the reasons above, no remedy is available to CX and EB and the claim is dismissed. Referee Perfect Date: 31 May 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...

10. CF v EX [2021] NZDT 1623 (13 July 2021) [pdf, 194 KB]

    ...legally binding contract between the parties, in particular did the parties intend to create legal relations between them? 5. A legally binding contract arises when two parties agree about the same thing for an exchange of value, for example the performance of services in exchange for money. If the relationship between the parties is close, for example friends or family, it may be that the parties do not intend a legally binding contract to arise, even where the other elements of a co...