Search Results

1. P Ltd v V Ltd [2024] NZDT 377 (15 May 2024) [pdf, 178 KB]

   ...this case, CJ had contacted P Ltd about possible drainage damage, and asked P Ltd for assistance. It was agreed between UI and CJ on 1 November that P Ltd would arrange an inspection, which was carried out on 14 November. A week later, CJ asked for information, and P Ltd replied that it had identified damage that required repair and was preparing an [insurer] report. On 5 December, UI asked CJ for the details of the owner of the property so that it could prepare an [insurance] claim and, ha...

2. OT v KI [2024] NZDT 385 (3 May 2024) [pdf, 180 KB]

   ...exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. The sum payable is therefore $2,974.48. Referee: E Paton-Simpson Date: 3 May 2024 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 reh...

3. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

4. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

   ...breach of the vendor warranties in the Agreement, OC is entitled to a remedy. The law of contract says that this amounts to what is required “to financially restore the plaintiff to the position which it would have occupied had the contract been performed ..”1 14. OC has provided evidence that the heatpump was unable to be repaired. I find that she was therefore required to replace it and the cost of $2,800.00 seems reasonable. 15. However, OC now has a brand-new working heat...

5. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...to compensation and if so, how much. Has TD misrepresented the fridge? 7. A seller may not misrepresent an item for sale. A misrepresentation is: a statement of face, by one contracting party to another, before or at the time the contract is formed, that induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is work...

6. IPT-Application-pack-2024 [docx, 50 KB]

   ...Notes for Applicants If you wish to proceed with an application please return: · your completed expression of interest · your completed statutory declaration · a full curriculum vitae Under the terms of the Privacy Act 2020, we are required to inform you that: · The information you provide is being collected to assess your suitability for appointment to the Immigration and Protection Tribunal; · The information may be checked by reference to the referees you have named in your curricu...

7. M Ltd v G Ltd [2024] NZDT 561 (24 July 2024) [pdf, 189 KB]

   ...a total of $11,175.00. Additionally, I find that G Ltd is liable to refund the cost of the repairs to the [vehicle] that were paid to G Ltd the amount of $4,905.34. Referee: Kaho Date: 24 July 2024 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...

8. BE & TE v NX [2024] NZDT 605 (16 September 2024) [pdf, 200 KB]

   ...half years ago. Accordingly, she submits that the claim cannot be brought against her. 7. While NXP’s services were contracted in November 2017, the act that has led to this claim has only occurred recently in March 2024. This was when NX informed the Applicants that she could no longer supply the fusion video. 8. The act of entering into the contract did not give rise to the cause of action but it was NXP’s inability to carry out the contract which has led to this claim. Thi...

9. UN v X Ltd [2024] NZDT 595 (17 July 2024) [pdf, 207 KB]

   ...have occurred. 19. The appropriate remedy is therefore the lower of the two quoted amounts for a full re-coat of the joinery, being $18,656.97. Referee Perfect Date: 17 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 reh...

10. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

    ...dangerously, configured). CI0301_CIV_DCDT_Order Page 2 of 4 5. I Ltd have not disputed that the set-up of the generator supplied was inappropriate for its purpose, rather they argue that their terms and conditions exclude any liability. On the information supplied to me, I find that the supply by I Ltd was not carried out with reasonable care and skill and/or was negligent, because while a configuration with no neutral connected is necessary for some uses, it should not have 5-pi...