Search Results

1. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

   ...this evidence helps me to assess whether AM has proven his claim on the balance of probabilities. What was agreed about the services that were to be provided and the cost of those services? Who was the contract between? 7. A contract may be formed in writing, or orally, or may be implied by conduct. What was agreed is looked at objectively, which means by looking at what was said and done. Parties are required to adhere to the terms of their contract, unless there is a legal reas...

2. LL v U Ltd [2024] NZDT 306 (24 April 2024) [pdf, 201 KB]

   ...advised LL to go to the police which he did, but the police have declined to take the matter further. CI0301_CIV_DCDT_Order Page 2 of 4 10. LL filed a claim in the Disputes Tribunal on the basis that U Ltd were negligent when they failed to inform him that the seller was a scam which meant that it was too late for LL to arrange for the bank to stop the transfer of his money. LL claims for economic loss in the purchase price. 11. I am not satisfied that LL can make a claim for ne...

3. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...reasons the remaining issues need not be determined, and a declaration of non- liability for the amount of J Ltd’s final invoice is made as stated in the order. Referee: K Rendall Date: 9 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 re...

4. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...made no order that affects J Ltd, as it will deal separately with MO regarding any obligation that it may have to him under his insurance policy. Referee: C Hawes Date: 20 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 re...

5. GI v D Ltd [2024] NZDT 452 (27 June 2024) [pdf, 197 KB]

   ...In addition, I am not persuaded that the Terms and Conditions were given to GI, or that anything about the 6-month hire were drawn to his attention. In the absence of signatures from both parties on the Terms and Conditions, I cannot be sure they formed part of the contract. 6. In conclusion, I find that there was no minimum hire period, therefore GI is not liable to pay an additional $736.28 for rent and this part of the counterclaim is dismissed. However, GI is entitled to a refund o...

6. KI v KB [2024] NZDT 467 (5 June 2024) [pdf, 232 KB]

   ...was selling a mechanically unsound vehicle because he stated “only selling as moving overseas”, but he has not moved overseas. KB explained why his family’s plans to move [overseas] had changed after they sold the vehicle, and based on the information I have, I cannot read anything into his stated intention in the ad to move overseas. 8. The key statements to consider in terms of misrepresentation are “regularly serviced” as written in the ad, and, in the questions section �€...

7. KB v K Ltd & Q Ltd [2024] NZDT 436 (11 June 2024) [pdf, 191 KB]

   ...compensation for lost or damaged goods. [12] In this case, KB’s claim is largely not for the lost perishable goods, but is for the unsatisfactory manner in which K Ltd dealt with his delayed baggage. In effect, he argues that he was given misleading information, and that K Ltd’s inefficiency caused him to expend time and trouble in locating and retrieving his bag. Decision [13] I consider that KB is entitled to the value of the perishable goods that he lost. I accept that K Ltd�...

8. UC & SM v BC [2024] NZDT 445 (9 May 2024) [pdf, 207 KB]

   ...details before 2 June 2024 BC is not required to pay the $216.00 to UC and SM. Referee: L Thompson Date: 9 May 2024 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...

9. GT v H Ltd [2024] NZDT 438 (11 June 2024) [pdf, 186 KB]

   ...contract. CI0301_CIV_DCDT_Order Page 2 of 4 7. The account detailed by TT is that knowing she had been in close contact with a Covid infected household member, she started taking RAT tests and had tested positive on the 21st November 2023. She informed the conference facilitator who advised she could no longer attend the workshop. As she was staying with a friend in [City] at the time and could no longer stay there she called H Ltd at 1357 hrs (As recorded in H Ltd’s evidence) t...

10. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

    ...terms and conditions in the written contract. Did N Ltd breach the contract such that ZM and DX were justified in cancelling? 10. ZM and Mr Wang contend that N Ltd did not make sufficient efforts to find them a tenant and did not keep them informed of viewing numbers or feedback for the property. 11. NN provided a considerable amount of documentation to show the numbers of enquiries and viewings there had been for the property over the 6-week period. He noted that while he ul...