Search Results

1. QU v LG [2023] NZDT 775 (18 December 2023) [pdf, 194 KB]

   ...lame’. QU believes this is evidence that [The horse] was not suitable for show jumping on 6 January 2022. LG’s view is that mechanical lameness does not prevent a horse from show jumping, rather that is a description of a gait that does not conform to the usual but is not associated with any pain. I prefer LG’s view for the following reasons: a. It is supported by the description of mechanical lameness in the online MSD Veterinary Manual. b. It is consistent with the [Veter...

2. EC v ST [2024] NZDT 37 (23 February 2024) [pdf, 211 KB]

   ...accident valuation of the vehicle, and evidence to support the value of the wreck. This evidence was supported by the evidence of NO who represented BC Limited. Referee: R Merrett Date: 23 February 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...

3. NC v GT Limited [2024] NZDT 39 (26 February 2024) [pdf, 210 KB]

   ...that was misleading or deceptive, or bait advertising, I do not need to consider this question. 12. For the above reasons the claim is dismissed. Referee: L Thompson Date: 26 February 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 r...

4. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

5. BQ v BC [2024] NZDT 120 (12 March 2024) [pdf, 211 KB]

   ...that this be paid by BC or that money spent on takeaway food for him was in the nature of a loan. The claim for additional amounts for takeaway food is declined. Referee: DTR Edwards Date: 12 March 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 re...

6. LU v LBI [2024] NZDT 119 (2 April 2024) [pdf, 203 KB]

   ...managing [research], an area of research that LU wanted to pursue. 2. LBI wrote that she was “super keen” to have LU on board for her new venture and had been budgeting for her work in her conversations with [University 2]. LU understood that a formal relationship with [University 2] did not eventuate, however, LBI set up the [Organisation] as a sole trader and LU began working for her on 1 March 2022. 3. LU said she was engaged as a sub-contractor and not an employee. She cho...

7. Expression-of-Interest-High-Court-Judge-2024-form [pdf, 385 KB]

   ...of the High Court and is needed to assess your suitable to fill that position. The information may be checked by reference to those persons listed above. You have rights of access to the information held about yourself and you have the right to request corrections to this information; however, comments made by other people about your suitability may not be available if these people have been promised that their comments will be treated confidentially. This will often be the case. T...

8. AM v K Ltd [2024] NZDT 138 (21 March 2024) [pdf, 204 KB]

   ...not by AM personally. c. No evidence has been provided to substantiate the claim for $4,000. 10. For these reasons the claim is dismissed. Referee: LK Whineray Date: 21 March 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 re...

9. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...and therefore the remedy of cancelling the contract and obtaining a refund is not available to MN. 6. However, there is relief available for a buyer of goods in a private sale when a misrepresentation is made in the process of the contract being formed. In that case, a buyer who has purchased in reliance on that misrepresentation may have a remedy under section 35 of the CCLA. That section provides that when someone has been induced to enter a contract by a misrepresentation, whether...

10. ZS & U Ltd v NU Ltd [2022] NZDT 73 (24 March 2022) [pdf, 169 KB]

    ...The Tribunal orders: The claim is dismissed. Reasons: 1. ZS’s car was damaged. Repairs were arranged by her car dealership, KN, with the repairs undertaken by NU Ltd. 2. NU Ltd contacted KN about 3pm on Friday 17 September 2021, to inform them that the repairs had been completed and the car was ready for collection. KN advised ZS of that fact by text message. 3. As she was too busy to collect the car that afternoon, ZS left the vehicle at NU Ltd over the weekend. During...