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1. HK v UB Ltd [2024] NZDT 252 (28 March 2024) [pdf, 199 KB]

   ...deposit. The Invoice clearly states the payment represents 50% of the accepted quote as per the Terms and Conditions. Both parties agree the original price agreed between them was $4,538.77. CI0301_CIV_DCDT_Order Page 2 of 4 7. A contract can be formed orally or in writing. Terms of contract are those that are agreed prior. I find that there was a contract between the parties and that the term of the contract as to price was in writing. Contract terms can be varied by agreement...

2. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

   ...and purchase (“ASAP”) before speaking with MI Ltd or asking them to act on their behalf. 13. MI Ltd was sent a copy of the signed ASAP on 20 December 2019, their last business day of the year. Therefore it did not have any input into the form or content of the ASAP. 14. The front page of the agreement noted that there was no condition that required a LIM to be obtained. However, there was a further condition that the agreement was conditional upon: the approval in all res...

3. LCRO 182/2023 HF v DX (28 May 2024) [pdf, 213 KB]

   ...required $50 filing fee was also made electronically at that time. The Law [8] Section 198 of the Lawyers and Conveyancers Act 2006 (the Act) provides: Applications for review Every application for a review under section 193 must— (a) be in a form approved by the chief executive of the Ministry of Justice after consultation with the Legal Complaints Review Officer; and (b) be lodged with the Legal Complaints Review Officer within 30 working days after a copy or notice of the de...

4. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

   ...cancel the contract? c) Is DF entitled to the sum claimed? Did DF breach the contract in failing to carry out the service in accordance with the engineer’s instructions? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking...

5. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...regularly explained these clauses to their customers. 11. As the clauses outlined above were incorporated in the terms which were signed prior to the supply of the truck, and the truck was supplied on the basis of that contract, I find those clauses formed part of the contract between the parties. 12. In a commercial context, the general rule is that, in the absence of fraud or misrepresentation, a party is bound by a clause even if he or she has not read it. A signature conveys a...

6. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

   ...21. I have determined that NQ was a motor vehicle trader and there must comply with the guarantees under the CGA. However even assuming he wasn’t a motor vehicle trader my comments below are relevant. 22. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious, as the r...

7. LA - Part 2 - Areas of Law Criminal [pdf, 882 KB]

   ...of Law Criminal PArt 2 moj0052.2-june13_AreAs of lAw – CriminAl Page 2 / 6 summary of experience outside the last five years PART 2 – Section 2 Demonstrating your experience and competence Case examples You will need to complete this form for each case example you provide (the number will be dependent on the area/s of law applied for). Case examples demonstrate your experience and competence for each area or approval level. examples need to demonstrate substantial and act...

8. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...this feature was available. However, although programmed, this feature did not work, and the car would not heat up when it was programmed to. The respondent said that this was because the software was not available, but it did not know this until informed by [car maker] in New Zealand who then began to work on a solution. Eventually the solution, in the form of a software update was made available, and the feature began to work. However, the applicant told the Tribunal that this was a year...

9. EQ & LN v SU & BU [2024] NZDT 361 (14 March 2024) [pdf, 233 KB]

   ...the waste. Was there an agreement that any or all of the plants could be removed? 16. A contract is a legal agreement between two parties, and the terms of the contract are what each party has agreed to do under the contract. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 17. SU said he spoke to EQ about remov...

10. [2024] NZEnvC 259 Williams v Nelson City Council [pdf, 232 KB]

    ...permitted height of 1.8 metres. The hedge must be pruned to comply with the relevant rule, or a resource consent must be sought to authorise the non- compliance. [6] In those and other respects, the abatement notice accords with relevant RMA form and content requirements.1 [7] Under the RMA, any person served with an abatement notice has a right of appeal within 15 working days of service of the notice on that person.2 Treating the date of issue as the date of service would mean...