Search Results

1. XT v TT & C Ltd [2024] NZDT 622 (24 July 2024) [pdf, 286 KB]

   ...with a pre-accident valuation of $120,000.00. Mr XT sold the vehicle for $70,000.00, leaving a shortfall of $50,000.00. It said it was entitled to recover the repair cost (the amount it paid out). 15. On 10 May 2022, B Ltd provided Mr TT with information from the assessor and offered a settlement. 16. On 13 June, Mr TT replied: Without prejudice B Ltd initial email May 31st 2021 which I took offense to, which took on a deceptive flavour. The email received is not factual and bor...

2. CN v U Ltd [2024] NZDT 623 (17 July 2024) [pdf, 200 KB]

   ...were non-refundable in the event of cancelation and non-transferable without U Ltd’s prior approval? 9. Parties to a contract are bound by express and implied terms of contract. Express terms are those that have been stated prior to or at the formation of the contract. Implied terms are those that are so obvious they go without saying, or are implied into the contract by statute. 10. The onus to prove a claim lies with an applicant. The standard of proof required in the Tribunal...

3. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...the quote as per the request of the Applicants. 13. I find that the definition of “services” is sufficiently broad to include the provision of the initial indicative quote even if the quote had not been accepted nor any physical work performed. There remains a supply, which in this case, is the provision of the quote which gives rise to the customer’s right to accept/reject the same. 14. Given this, section 28 of the CGA then states that the service must be provided with...

4. BN v T Ltd [2024] NZDT 682 (26 August 2024) [pdf, 260 KB]

   ...22 December 2023 BN incorporated a company, [Company B]. 7. The text messages recommenced on 20 January 2024, as follows (BN is AM and Mr L is RM): 20 January BN to Mr L: Re [Company A] Lease Finalisation for February 2024. Please call for formalise. Thanks. 22 January BN to Mr L: BN, I am on leave at present. I will be in [Town] on Wednesday for a meeting with the directors, I will confirm their acceptance then. 24 January BN to Mr L: Any progress re [Company A] lease ple...

5. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the process of powder coating? 6. When two parties reach agreement about, for example, one party providing services in exchange for a fee, a legally binding contract arises. The contract’s terms are those agreed at the time the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies g...

6. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...established. My order therefore clarifies that ZD must immediately pay $690.00 to HX if he has not already done so. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: E Paton-Simpson Date: 4 October 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...

7. QC & U Body Corporate v NS [2024] NZDT 760 (8 December 2024) [pdf, 201 KB]

   ...side by side with no gaps, on the side of the fence facing [Property 2]. The palings will be stepped to follow the slope of the ground, with the fence to have a cut flat top to the degree possible considering the slope, to maintain a reasonably uniform appearance. 3. The parties are to seek an updated quote from F Ltd to complete the fencing work on the basis that: a. U Body Corporate is to promptly speak with F Ltd to vary the scope of work contained in the (as yet unaccepted) qu...

8. TD v Q Ltd [2024] NZDT 761 (31 October 2024) [pdf, 202 KB]

   ...an affidavit including the contract with the property owner and details of the time, date, and place of the incident. She said she had no legal duty to disclose the name of the driver but that she would reassess the situation once the requested information was provided. 8. On 18 July, Q Ltd provided a copy of the owner’s authority. It said it had provided enough evidence to confirm the breach and that her appeal was declined as she did not have consent to park in the parking space....

9. OD v JE [2024] NZDT 794 (13 November 2024) [pdf, 183 KB]

   ...had 11 previous owners, and was 23 years old at the time OD bought it. Thus, he said, its history was unknown and he could not have known of any problems with the car if, in fact, there had been any. He had simply stated honestly how the car had performed during the time he had owned it. [10] JE provided a letter from his wife, in which she stated that the car had run well during the period that the family had used it. He also provided a letter from his mechanic, KT, who had not seen th...

10. BN v P Ltd [2024] NZDT 795 (18 September 2024) [pdf, 199 KB]

    ...must repay BN $2155.14 being the amount of concrete and the compensation for his time and the contractor’s time. Referee: T Prowse Date: 18 September 2024. 1 Bloxham v Robinson [1996] 2 NZLR 664. 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...