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1. 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...

2. UI & II v SG [2024] NZDT 224 (6 March 2024) [pdf, 207 KB]

   ...the time as being 9 years old , based on them having bought the property 8 years before, and ‘it seeming quite new at the time’. SG has provided evidence from neighbours about the age of the driveway. This included a written statement from the former owner of one of his properties, Mr L, who lived at [property 1] for over 25 years, who stated that in the time he had CI0301_CIV_DCDT_Order Page 3 of 4 lived there, up until 2021, “I do not recall seeing any major alterations to t...

3. IN v BI [2023] NZDT 345 (18 July 2023) [pdf, 201 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 345 APPLICANT IN RESPONDENT BI The Tribunal orders: The claim is dismissed. Reasons 1. In October 2022 IN and BI decided to register and produce a dance performance for the [the festival], which was to take place in [redacted]. No formal agreement was made, rather they started the process together as co-choreographers, (developing the piece under IN’s trading name ‘[G Ltd]’) and obtained a gr...

4. QI v PH & DN [2021] NZDT 1300 (10 February 2021) [pdf, 227 KB]

   ...not succeed and therefore the claim is dismissed, notwithstanding the finding in his favour that the common area driveway is for access only. Page 4 of 5 Referee: T Baker Date: 10 February 2021 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 for a r...

5. ADM Ltd v ZWN and ADN v ZWM [2011] NZDT 162 (14 January 2011) [pdf, 104 KB]

   ...during the hearing that clauses 10.1 and 10.5 in relation to the damage waiver were contradictory, and accordingly that ZWN should not be required to pay the excess in relation to the damage to the truck. Further, ADN argued that ZWN was not informed at the time of hire that the damage waiver did not include any third party cover; that the terms of the contract are confusing and misleading; that ZWN was not told to read the contract while at the counter; that other hire companies expl...

6. KN v XD Inc [2024] NZDT 131 (4 March 2024) [pdf, 189 KB]

   ...the above reasons XD Inc is to pay $395.00 to KN before 4 April 2024, and also to provide him with a parlour case that is in good condition before the same date. Referee: L Thompson Date: 4 March 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...

7. [2020] NZSSAA 18 (30 October 2020) [pdf, 189 KB]

   ...Committee AMENDED DECISION OF THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member Background [1] On 8 October 2020 we issued a memorandum giving our indicative view of the decision we would make with the information before us at that time. We indicated that if we had no further information we would dismiss this appeal. We set a timetable giving 10 working days for XXXX (the appellant) to request a hearing or provide any further information...

8. QL v OQ [2021] NZDT 1664 (22 June 2021) [pdf, 116 KB]

   ...termination? b. Did OQ unlawfully terminate the agreement? c. If so, is QL entitled to $3,574.50 as claimed, or any other sum? What terms were agreed regarding termination? 5. 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. 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...

9. KA v L Ltd [2023] NZDT 297 (31 July 2023) [pdf, 197 KB]

   ...cosmetic work. However, the parties had in fact reached an agreement about price, and KA had already received the report, by the time that he paid the $2,500.00. PI had agreed to do his best to ‘tidy up’ the cosmetic issues, but PI had already informed KA that he would not put that commitment in writing because it would not be possible to accurately state what standard L Ltd was obliged to bring the vehicle to. d. It is not proven that PI ‘pressured’ KA into paying the depo...

10. EN v SQ [2020] NZDT 1442 (27 May 2020) [pdf, 210 KB]

    ...commenced in about July 2017, and it has still not been completed (as at the date of the hearing). That is about two years and ten months since the work was commenced. SQ claimed that he had asked EN a question, which he said would provide crucial information, about whether the vehicle was registered or whether the registration was suspended. He claimed that he could not complete the work without an answer to this question, because “it may not have been worthwhile doing the work”....