Search Results

1. BU & QU v X Ltd & EP [2024] NZDT 133 (12 March 2024) [pdf, 201 KB]

   ...remedy the failure of guarantee in relation the fence in a reasonable time, I find that there is no remedy available to BU and QU and their claim is dismissed. Referee Perfect Date: 12 March 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 r...

2. TS v CT Ltd [2019] NZDT 1377 (25 July 2019) [pdf, 236 KB]

   ...a result of condensation. 17. All disconnection and removal costs are addressed via the order to have CTL undertake all that work at its own cost. Referee: J Perfect Date: 25 July 2019 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 or a mistake was made. If you wish to apply...

3. KE v JM [2024] NZDT 332 (29 April 2024) [pdf, 197 KB]

   ...words ‘pure-bred’ means in relation to the genetic make-up of a dog. I have considered the evidence presented from an internet source that a ‘purebred’ is anything over 87.5% however I am unable to place weight on this as the source of this information is unverified. b. I had adjourned the first hearing to allow the parties to an opportunity to provide information from a verified source as to what ‘purebred’ means, however neither did so. In the absence of any other i...

4. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...claim that has been made against it. The last hearing was adjourned to allow HJ Ltd to provide full details of the amount that it wishes to have considered as a set-off to the claim that has been made against it, however HJ Ltd has not provided any information regarding this to the Tribunal. 3. HJ Ltd did not attend the hearing today. The absence of a party does not prevent the hearing going ahead. 4. The issues to be resolved are: a. Did HJ Ltd provide its services with re...

5. TM v D Ltd [2024] NZDT 494 (3 July 2024) [pdf, 202 KB]

   ...D Ltd had done. He said that therefore D Ltd had removed signs that it had not supplied. 12. However, there is no evidence to support TM’s claim that he rejected the signs for being the wrong colour of blue and D Ltd said it had never been informed of this concern prior to the hearing at the Disputes Tribunal. 13. The written evidence supplied by D Ltd supports this interpretation as there are a number of messages from TM suggesting he would pay for the work, including an email...

6. TS v A Ltd [2024] NZDT 495 (30 May 2024) [pdf, 194 KB]

   ...damages are appropriate in this case. 22. For these reasons I find that A LTD is liable to pay TS damages of $ 1,137.18 ($417.18 + $720.00 = $1,137.18). Referee: Lucy Trevelyan Date: 30 May 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 rehe...

7. SP v GC Ltd [2024] NZDT 500 (17 June 2024) [pdf, 202 KB]

   ...costs to remedy the problems with SP’s roof were $3,029.00 ($529.00 plus $2,500.00). For these reasons I order that GC Ltd is liable to pay SP $3,029.00. Referee: L Trevelyan Date: 17 June 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 reh...

8. QW v DI [2024] NZDT 468 (18 June 2024) [pdf, 182 KB]

   ...rather than being intentional, because s 35 includes innocent misrepresentations. However, the difference might not be all that significant given that the car had done nearly 197,000 km at the time of sale. 9. More importantly, I consider that the former statement qualified as a misrepresentation because it was only partly true, and omitted important information about the most recent service, which was in January 2023. The courts have held that that a half-truth, which is literally true...

9. HBG v AJ Ltd [2024] NZDT 501 (13 June 2024) [pdf, 193 KB]

   ...to make an award of costs except in very limited circumstances (S.43 Disputes Tribunal Act). No costs can be awarded in the circumstances of this case. ` Referee: J.F. Tunnicliffe Date: 13 June 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 rehe...

10. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

    ...price related to the industry standard”, and that he did not recall receiving any follow-up written contract for the recruitment. [4] TX appeared as a witness for UH. He added to what he had said in the emails cited above by stating that he had informed BI that he had asked UH to search for suitable administrative staff for C Ltd. TX described himself as having been, at the relevant time, a “jack of all trades” for C Ltd. He had been an independent contractor, and had been authoris...