Search Results

1. EB v U Ltd [2023] NZDT 77 (21 February 2023) [pdf, 203 KB]

   ...discussion in the hearing about what BZ had said to EB. BZ, of course, was the builder doing the work, and it was not his job to price work, or to deal with contract variations. If an alteration was to be made to the original contract specifications, information about any increase of price for that should have been given directly to EB from U Ltd itself, or from the quantity surveyor. I accept that no one from U Ltd spoke directly to EB about the increased price for breaker boards, and th...

2. BP v TD [2023] NZDT 259 (25 May 2023) [pdf, 214 KB]

   ...is no doubt that all matters in dispute between the parties relating the agreement for sale and purchase of the boat are resolved in this order Referee: L Trevelyan Date: 25 May 2023 CI0301_CIV_DCDT_Order 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 re...

3. KP v MN [2023] NZDT 776 (20 December 2023) [pdf, 211 KB]

   ...owner, but was unable to do so according to [the insurer]. The parties reached an agreement that MN would compensate KP $100.00 for the loss of the warranty. At this time, KP asked MN if any major repairs had been carried out on the car. MN then informed KP that there had been an engine coolant issue that was repaired 10 days before the sale. On 2 June 2023, when KP was driving the car to the post shop, the engine coolant lights went on and started to ‘beep’. The car was towed to...

4. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...Ltd’s services were not carried out with reasonable care and skill and that the driveway is not fit for purpose. FS has provided many photographs of problems resulting from poor workmanship throughout the job, but the major issue is with the likely performance of the driveway over time given the contractual breaches described above, of the lack of mesh and the inadequate driveway thickness. Those issues are not aesthetic or minor, they relate directly to the overall strength and longev...

5. BM & OT v OE & DE [2023] NZDT 459 (5 July 2023) [pdf, 201 KB]

   ...remained the owners of this property they would have incurred this repair cost themselves. 17. Finally, my apologises to both parties for the time it has taken to issue this decision. Referee: A Hayes Date: 5/7/23 Information for Parties Page 4 of 4 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...

6. WO v KU [2021] NZDT 1676 (20 December 2021) [pdf, 201 KB]

   ...not entitled to claim $18,087.00. Accordingly, the claim is dismissed. Referee: L Fuli 1 Balfour v Balfour [1919] 2 KB 571. CI0301_CIV_DCDT_Order Page 3 of 4 Date: 20 December 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...

7. SG v O Ltd [2021] NZDT 1635 (1 July 2021) [pdf, 221 KB]

   ...If it had not, O LTD could have been liable for the full amount and having to make a claim against [Mechanic]. SG has done O LTD a service. Referee: B M Smallbone Date: Thursday, 1 July 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

8. LCRO 245/2014 and 156/2015 TM v BS and Law Firm A (15 August 2017) [pdf, 146 KB]

   ...proceedings struck out, the caveat discharged and an order nisi for a grant of administration. She and her sister also applied for probate. [5] The Court struck out Mr TM’s proceedings but ordered Ms TM and her sister to apply for probate in solemn form, provided Mr TM gave security for costs by way of a charge against his interest in the estate within 14 days of judgment.3 If Mr TM did not provide security the caveat against probate was to be discharged. [6] Mr TM was also...

9. ENV-2017-AKL-000155 The National Trading Company of New Zealand Limited v Auckland Council [pdf, 537 KB]

   ...NTC attaches the following documents to this Notice of Appeal: (a) A copy of the Hearings Panel recommendations version of the Precinct Plan (Annexure A) (b) A copy of the relevant parts of the Hearings Panel’s reports to the Council which formed part of its Recommendation (Annexure B). (c) A copy of the relevant parts of the Decision (Annexure C). (d) A copy of the High Court decision, Bunnings Limited v Auckland Unitary Plan Independent Hearings Panel [2017] NZHC 2141 (Anne...

10. [2019] NZEnvC 052 Tasman Distrct Council v Baigent [pdf, 628 KB]

    ...Environment Judge B P Dwyer sitting alone under s 309 of the Act Date of Decision : 2"1- March 2019 Date of Issue: '). T March 2019 FINAL DECISION OF THE ENVIRONMENT COURT ON APPLICATION FOR ENFORCEMENT ORDERS A: Enforcement orders made in form attached B: Costs reserved REASONS Introduction [1] On 27 August 2018 the Court issued a decision1 (the Interim Decision) determining to make an enforcement order against Gary Richard Baigent (l\t1r Baigent) on the applica...