Search Results

1. KC v UD [2021] NZDT 1556 (8 September 2021) [pdf, 158 KB]

   ...which he advised that the finance was conditional on a WOF, the communications thereafter were between KC, the broker and the finance company. UD say that his text reply to KC on or about 9 July 2021 was on the basis that KC had supplied all of the information required by [the broker] and [the financier]. 13. I find that it is more likely than not that finance was not approved for the following reasons: (a) UD says it was not approved. (b) There is an email from UD to KC dated 25 Ju...

2. DQ Ltd v SM Ltd [2022] NZDT 6 (18 November 2021) [pdf, 199 KB]

   ...determining the claim. However, that does not mean that the respondent is free to initiate new legal proceedings to recover this amount before seeking clarification or attempting to overturn the Tribunal order. [16] The title search fees clearly formed part of the application before the Tribunal. The Tribunal order of 25 June 2020 finally determined the application as filed on 23 December 2020 unless parts of the application are specifically excluded in the Tribunal order. An example of w...

3. NB & QD v H Ltd [2023] NZDT 722 (18 December 2023) [pdf, 186 KB]

   ...evidence that the sub-contractors were trustworthy people, or at least H Ltd had no reason to doubt any of them. I also find that as far as Mr H was aware the house was vacant, and there was nothing in the house to steal in any event. He was not informed by the Applicants that they had placed any item in the house, and while the work had probably been completed by that time, because of the time of the year (it was CI0301_CIV_DCDT_Order Page 3 of 4 January) and because H Ltd appeare...

4. DM v VN Trustees Ltd [2014] 723 ( 31 October 2014) [pdf, 146 KB]

   ...2013) and a final invoice for $3,422.40 on 7 May 2014 (for the period June to August 2013). Neither of these invoices has been paid by VN and DM claims their total of $6,182.40. [7] VN counter-claims on the basis that DM’s services were not performed with reasonable care and skill and that the design provided has resulted in additional building costs and other losses including time delays. It claims the losses suffered total $50,000.00 (amended at the hearing from the $75,000.00...

5. CL v BK [2021] NZDT 1612 (9 August 2021) [pdf, 225 KB]

   ...except in certain very limited circumstances, none of which apply in this instance (section 42, Disputes Tribunal Act 1988). 30. BK is to pay CL $2,000.00. Referee: N Blake Date: 9 August 2021 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...

6. QT v T Ltd [2023] NZDT 188 (22 June 2023) [pdf, 139 KB]

   ...car at the time of the breach, and so the owner of the car will be a party to the contract. 10. In this case, however, because QT can prove that he was elsewhere when the car was parked in the car park, he is not a party to the contract that was formed when the car entered the car park. The parties to the contract are the owner of the car park and the driver of the car. 11. T Ltd says that QT as the owner of the car is bound by the terms and conditions of the car park, even thoug...

7. DC v T Ltd [2018] NZDT 1401 (7 May 2018) [pdf, 208 KB]

   ...“not sure” or was not convinced of whose signature it was. b. SZ is correct that in his capacity as shareholder JH would not have been in a position to bind the company. However JH had more than one capacity. He was listed in the Exposition, a formal document certifying certain important matters of safety and responsibility to the Civil Aviation Authority, as both the Flight Operations Manager, and the Check and Training Manager. As Flight Operations Manager, according to paragra...

8. Maori-Land-Trusts.pdf [pdf, 341 KB]

   Te Kooti Whenua Māori – Māori Land Court (MLC) is the New Zealand Court that hears matters relating to Māori land. The unique relationship between Māori and whenua is recognised by the MLC, and the records held by the Court form an invaluable part of the whakapapa of all Māori people. The MLC operates under the provisions of Te Ture Whenua Māori Act 1993. The MLC deals with applications for new trusts, replacement trustees, variations to trusts, reviews of trusts and formal co...

9. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...failed to comply with all laws and legal requirements. 7. DR and his witness [Witness 1] of [Structural engineering company 2] both expressed the view that it was a “grey area” whether consent was needed. Even if that is so, DR should have informed TH that it was a grey area whether he could legally do the work without a building consent. The reason he gave for not informing her was that he assumed she already knew, because she had “done all her homework”. He claimed that she ha...

10. [2016] NZSSAA 098 (21 November 2016) [pdf, 104 KB]

    ...benefit has been adjusted accordingly. Income is assessed on an annual basis in the case of Sole Parent Support. A review is carried out at the end of the benefit year to assess whether the beneficiary has been paid the correct amount. The information contained in the s 12K Report indicates the appellant has generally been very conscientious in reporting changes in her income. There have, on two previous occasions, been modest overpayments at the end of the review year. The app...