Search Results

1. IN v SU [2021] NZDT 1652 (12 July 2021) [pdf, 161 KB]

   ...warrant of fitness the next morning and if the car did not pass, either lower the price or repair it and deliver it to IN the following week held no meaning either. 24. I disagree. As set out in para (15) – (17) I find that those were terms that formed part of the contract. IN agreed to those terms, he relied on SU’s promises. 25. The evidence shows the parties intended to form a contract and intended the contract to be binding. This element of the contract is met. Did the...

2. TL & UL v Q & QT Limited [2024] NZDT 145 (12 April 2024) [pdf, 167 KB]

   ...great majority of contracts is governed by Part 2 Subpart 3 of the Contract and Commercial Law Act 2017 (CCLA). Sections 36 and 37 set out when a party has the right to cancel and section 42(1) provides that when a contract is cancelled, all unperformed obligations cease and the cancellation terminates the whole contract (but the secondary obligations such as any duty to pay damages survive). Section 43 of the CCLA then gives the court discretion to grant relief having regard to relevant...

3. ND Limited v DD [2024] NZDT 163 (17 April 2024) [pdf, 171 KB]

   ...extreme financial pressure when he sold the business. He was in rent arrears and the landlord was about to evict him from the premises. He (DD) agreed to purchase the business under urgency – he paid the purchase price in December 2022, before any formal documents were prepared and signed. He understood that all the equipment that was in HD at that time was included in the sale. d. ND has not proven that they purchased this machine from NS Ltd. e. ND has not proven that the mach...

4. S Ltd v CD & K Ltd [2023] NZDT 788 (5 November 2023) [pdf, 105 KB]

   ...entitled to payment of invoices totalling (now) $3,184.51? d. Is S Ltd entitled to interest and collection costs of $1,537.67? In relation to the invoices, who were the contracts between? 6. 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. 7. I find, and the parties agree, that: a. the truck in question belonged to K Ltd and the investigative and repair work on the t...

5. YI v CU Ltd [2023] NZDT 545 (25 October 2023) [pdf, 189 KB]

   ...invoices, and $500.00 compensation for time YI spent sorting out the issues with [water company], rescheduling of her flight [overseas] and overdraft interest. 7. The issues to be determined are: • Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard? • If so, what reasonably foreseeable losses resulted from the breach? Did CU breach the contract by failing to perform its contractual obligations to a reasonable standard?...

6. LI v UC & IC [2021] NZDT 1609 (24 June 2021) [pdf, 210 KB]

   ...that the issue with the engine burning oil was present when UC and IC sold the car as the issues it has do not arise overnight and happen over a period of time. That was the evidence of EM. LI had this problem within days of buying the car. EM conformed that the issue with the engine is unrelated to the oil leak that LI was aware of. EM said it was possible that a car owner could drive the car and not be aware of the problem. CI0301_CIV_DCDT_Order Page 3 of 5 20. It may be that U...

7. Mangu v Trustees of Te Runanga a Iwi o Ngapuhi [2019] Chief Judge's MB 1449 (2019 CJ 1449) [pdf, 164 KB]

   ...made on 6 December, that the substantive case is on-going, with directions having been issued, and reaffirmed. Accordingly, in this case, as you should have lodged an application for leave to appeal under section 59 of the Act, and in hard-copy form, you have failed to meet the requirements of rules 4.7(1) and 8.13(1)(c) of the Rules. [4] And, secondly: The failure to pay the prescribed fee under r 5(2) of the Māori Land Court Fees Regulations 2013 and r 4.9 of the Rules. The fee...

8. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

   ...to cancel the contract and obtain a refund of the money paid, or to claim the cost of repairs that he incurred elsewhere and so the claim must be dismissed. Referee: Souness - DTR Date: 5 February 2024 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...

9. JY v B Ltd [2023] NZDT 64 (17 July 2023) [pdf, 189 KB]

   ...care and skill, its employees tried to explain to the applicant that the vehicle had failed the warrant and identified the two areas that required attention, the power steering belt and the brakes. The 1 The applicant claims he was given contrary information about why the belt failed. He found this misleading. CI0301_CIV_DCDT_Order Page 2 of 4 respondent submits that it only contracted to provide an inspection service to identify non-compliance with the legislation and never agree...

10. BL & DL v L Ltd & V Ltd [2023] NZDT 304 (9 August 2023) [pdf, 191 KB]

    ...defect so that it is not of acceptable quality and accordingly they are not entitled to return the umbrella and be refunded the purchase price. Referee: K Cowie DTR Date: 9 August 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...