Search Results

1. HC v S Ltd [2023] NZDT 482 (6 July 2023) [pdf, 192 KB]

   ...[Shopping Mall] did not have a business lounge and was not advised of any other locations that had business lounge services. 6. The website states S Ltd provides unlimited access to a business lounge. In the hearing, S Ltd accepted its website and information including the terms and conditions did not include information about the services they could access. 7. S Ltd accepted an ordinary person would not know [Shopping Mall] did not have a business lounge and would not know they ha...

2. BD v DS Ltd [2020] NZDT 1504 (14 October 2020) [pdf, 134 KB]

   ...does not necessarily mean they had something to hide. There could be other reasons. Conclusion 25. For the reasons above, DS’s claim is dismissed. Referee: Ms G Jaduram Date: 14 October 2020 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...

3. NX Ltd v BH Ltd [2022] NZDT 238 (1 December 2022) [pdf, 104 KB]

   ...or the value of the left-behind goods, $4000.00 is set as the value because it was the applicant’s estimate of value and therefore the value of the original claim. Referee Perfect Date: 1 December 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 re...

4. FQ v T Ltd [2022] NZDT 248 (24 November 2022) [pdf, 103 KB]

   ...satisfied that loss was reasonably foreseeable. I find FQ is entitled to be paid by T Ltd $4,000.00 for this loss. Referee: B Curtis Date: 24 November 2022 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 rehe...

5. KQ v FH [2022] NZDT 185 (25 October 2022) [pdf, 98 KB]

   ...the time of making the contract for the supply of the service. 14. For reasons outlined above, I find that FH has breached his obligations under the CGA as he did not provide a bull that would provide the expected outcome. The bull did not perform at any level despite the staffs’ best efforts to get it operational. 15. I find that the failure was “substantial” as that term is defined in the CGA (s36). Failures are considered “substantial” where the services would not h...

6. OL v TV [2022] NZDT 268 (23 December 2022) [pdf, 183 KB]

   ...the motorcycle at his own expense and give OL 48 hours’ notice of when it is to be collected. OL is to make it available for collection, on 48 hours’ notice. Referee: K Rendall Date: 23 December 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 r...

7. IX v SC LCRO 226 / 2010 (13 March 2012) [pdf, 57 KB]

   ...new lease of its existing three units. Whilst negotiations were underway, a fourth unit became available and negotiations continued for a lease of all four units. [3] An agreement to lease was prepared by a real estate agent, and whilst this formed the basis of the continuing negotiations, the agreement was not signed. Instead, the parties continued to negotiate by way of email and ultimately the terms of the lease were encapsulated in the agreement and the numerous (42) emails be...

8. [2018] NZEmpC 15 Tru-Test Ltd v Callingham [pdf, 173 KB]

   ...9 March 2018 Appearances: M O'Brien, counsel for the applicant Judgment: 9 March 2018 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH [1] On 8 March 2018, Tru-Test Ltd applied for preservation orders against its former employee, Nicholas Francis Callingham, and the company which he has created called Central Cooling and Heating Ltd. [2] The basis for these applications is an assertion by Tru-Test that Mr Callingham breached his employment agreement an...

9. KW v NX [2023] NZDT 264 (20 June 2023) [pdf, 183 KB]

   ...hearing and time away from work for KW and his support person $715.50 3. NX did not attend the hearing or send any submissions in defence of the claim. NX has not been in contact with the Tribunal; however, I am satisfied that she was properly informed of the hearing date and time, and the matter could proceed in her absence. 4. The issues to resolve are: a. Did NX fail to give way to KW when she drove from [Road 2] onto [Road 1], causing damage to KW’s e-scooter? Is KW enti...

10. OH v RI Ltd [2020] NZDT 1678 (20 July 2020) [pdf, 92 KB]

    ...claimed? [14] Having made the findings above, it follows that I also find that RI is not liable to pay the amount claimed by OH. I therefore dismiss his claim. Referee: P Ferguson Date: 20 July 2020 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...