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  1. KC v KZ [2024] NZDT 421 (30 April 2024) [pdf, 205 KB]

    ...the photos attached to the [online] advert. The tyres were clearly visible to all prior to purchase. 27. For these reasons, this claim is dismissed. Referee: P Byrne Date: 30 April 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. MT v IN [2024] NZDT 507 (25 June 2024) [pdf, 197 KB]

    ...now that the Tribunal has determined the fencing dispute. 6. With respect to the fence and retaining wall situation, it would appear that when MT’s house was built in 2004, the natural slope of the land was altered to construct a building platform for the house and a level concrete path between the new house and IN’s boundary. This was done by cutting into the slope at the boundary by a small amount (under a metre). A proper retaining wall was constructed for a length of a few met...

  3. EI v EE Ltd [2024] NZDT 529 (3 July 2024) [pdf, 182 KB]

    ...however, I am satisfied EE Ltd has offered reasonable compensation, which is relative to the circumstances, and therefore EI’s claim must be dismissed. Referee: Malthus Date: 3 July 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...

  4. H Trustees Ltd v PT [2024] NZDT 512 (12 June 2024) [pdf, 249 KB]

    ...situation PT finds himself in, on balance it would be unjust to allow rehearing at this late stage. Therefore, I dismiss PT’s application. Referee: Boys C DTR Date: 12 June 2024 Page 5 of 5 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...

  5. Mercury NZ Limited [pdf, 203 KB]

    ...Management Act 1991 in the matter of: an appeal pursuant to clause 14(1) of the First Schedule to the Resource Management Act 1991 between: Mercury NZ Limited Appellant and: Waikato Regional Council Respondent 100423514/7877424 Form 7 NOTICE OF APPEAL AGAINST DECISION ON PLAN CHANGE Clause 14(1) of the First Schedule, Resource Management Act 1991 To The Registrar Environment Court Auckland 1 Mercury NZ Limited (Mercury) appeals against the decision of an...

  6. HI v TN [2022] NZDT 53 (11 January 2022) [pdf, 200 KB]

    ...claims, was found after the sale to have substantial defects. HI alleges that TN misrepresented the condition of the vehicle, and claims compensation for repairs and resulting expenses. [2] HI, a motor vehicle trader of some 30 years experience, was informed in August 2021 by a person he knew that TN had a 2004 Ford Falcon for sale. HI, who was based in [City 1], phoned TN, who was in [City 2], to discuss the car. They agreed on a price of $18,000.00, and the car was delivered to [City...

  7. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

    ...There is no legal basis to require Q (2021) Ltd or D Ltd to refund C Ltd the purchase price of the trailer. 53. Therefore, the claim must be dismissed. Referee: Nicholas Blake Date: 27 July 2023 Page 6 of 6 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. ZG Ltd v C Ltd [2019] NZDT 1506 (12 September 2019) [pdf, 184 KB]

    ...truthfulness of the Customer’s … statements….” 2. In January 2018, C Ltd applied via ZG’s Online Application Centre to finance the sale of a car to WS. On 17 January 2018, ZG returned the result “Approved with no recourse. Based on information supplied, subject to due diligence and the terms of your dealer agreement” and subject to a list of conditions including provision of specific information and documents. On Monday 22 January, ZG could not contact Mr WS’s employer du...

  9. CU v KI Ltd [2022] NZDT 19 (23 February 2022) [pdf, 201 KB]

    ...element of goodwill compensation provided. 17. In the absence of any proven breach by KI Ltd of its legal obligations, the claim must be dismissed. Referee: E Paton-Simpson Date: 23 February 2022 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 rehe...

  10. OO v QP [2023] NZDT 70 (20 February 2023) [pdf, 226 KB]

    ...what his intended purpose for the house would be. He told QD that he wanted to rent it out, either as long-term rental or for visitor accommodation, such as Air BnB. QD told him he should have no issues with Air BnB. 7. OO points out that the information pack provided by M Ltd contained a rental and market appraisal, which also suggested to him that it could be used for rental accommodation. The advertising brochure also referred to it as having four bedrooms and three bathrooms and re...