Search Results

1. OL v CD Ltd [2023] NZDT 711 (19 December 2023) [pdf, 230 KB]

   ...refund on the third scooter. Given the de minus amount, and the absence of any independent evidence, I make no finding on this part of the application. Referee: Hannan DTR Date: 19 December 2023 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...

2. BU & DQ v NN [2023] NZDT 281 (17 July 2023) [pdf, 105 KB]

   ...counterclaim. 2. This is a claim for unpaid rent, expenses and damages for stress in the sum of $15,000.00 by the Applicants. NN’s counterclaim, apart from denying the Applicant’s claim, is for stress, the return of her bond and costs in the form of legal fees, in the total sum of $11,709.50 3. The issues to be determined were as follows: a. Has either party breached a legal binding obligation to the other party or parties? b. If yes, then what damages are payable, includin...

3. KQ HN v TC X Ltd [2023] NZDT 41 (31 January 2023) [pdf, 196 KB]

   ...should have included the removal of the stump. It is not satisfactory to have a cabbage tree sprouting below a newly-built fence. That aspect of the work was unsatisfactory. The quality of the fence [18] I accept that timber is not a perfectly uniform material, and that some knots, holes or cracking may appear in a timber fence. However, in this case, I consider that the number of knots, and the size of some of them, is beyond what would reasonably be expected. I also consider that th...

4. Martin Te Kaha 45B2 (2007) 95 Opotiki MB 108 (95 OPO 108) [pdf, 361 KB]

   ...an order for the setting aside of Lot 4 as describedintIieplan of subdivision attached to the application. The purpose of the order is for a roadway. Lot 4 is part of the General Land block known as Te Kaha 45B2 but covers part of the legal and formed Parekura Hei Road. [ 4] The Court was advised that in order to improve access to the land and to ensure that the existing road formation is within the legal roadway, the applicants and the Opotiki District Council agreed to widen the R...

5. TS v L Ltd [2023] NZDT 530 (10 October 2023) [pdf, 213 KB]

   ...The first time that he used it, the boat lurched violently to the right when he applied the throttle. The boat could only be steered straight with heavy pressure to the left. It was also noted that the motor was “running very rough”. 9. TS informed BS (L Ltd) about the issues. 10. TS’ son attempted a second launch, but the problems persisted. CI0301_CIV_DCDT_Order Page 2 of 5 11. After a discussion with BS, it was agreed that TS would take the boat to [Boat Mecha...

6. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...the respondent should be paid. Therefore, I find that the applicant should pay the respondent the amount of the invoice less $49.88, a total of $1,012.00. Referee: K. Armstrong Date: 17 October 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 r...

7. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...else did the water blasting. He agreed that mud was flicked onto the vehicles and said that sometimes occurred and in those cases they usually washed the mud of and the cars were left cleaner than when they arrived. In this case, QB said the person performing the work forgot to wash off any mud flicks. When QB was notified of the issue several days later, he apologised an offered to have the cars washed, however, by then insurers had become involved. 11. QB provided a video to demonstra...

8. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...inconvenience to The Applicant. The Respondent is to collect the failed washing machine or pay The Applicant $250.00 to organise disposal herself. Referee: L. Mueller Date: 31 May 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...

9. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   ...meet. He claimed there were other emails about this which had not been produced in evidence. However I note two things in relation to this. IT has had plenty of time since filing the claim and since the first hearing in July to produce any such information in evidence if he had it, and he has not done so. Secondly, Mr O had produced a number of emails in evidence, and he said that is all there were. These emails did not over-promise anything as alleged. The most that Mr O said was tha...

10. LA v KD [2023] NZDT 260 (8 June 2023) [pdf, 214 KB]

    ...than not either. 18. Given that I am unable to make a finding that KD’s driving caused or contributed to the collision the claim must be dismissed. Referee: L Trevelyan Date: 8 June 2923 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 r...