Search Results

1. LG v IU Ltd [2022] NZDT 124 (16 August 2022) [pdf, 165 KB]

   ...breach the vendor warranty in regard to the operation of the horse walker, therefore there is no valid claim for compensation, and the claim is dismissed. Referee: Sara Grayson Date: 16 August 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...

2. BH v MW Ltd [2023] NZDT 35 (28 March 2023) [pdf, 198 KB]

   ...Should BH be granted relief or compensation and if so, how much? 6. A party to a contract may cancel the contract if, by words or actions, the other party to the contract repudiates the contract by making it clear that that party does not intend to perform its obligations under the contract (S.36 Contract and Commercial Law Act) or if the other party to the contract breaches a term of the contract (S. 37 CCLA). 7. The cancelling party may apply for relief (S.43 and 45 CCLA) and or dama...

3. MB & NB v G Ltd [2023] NZDT 99 (10 March 2023) [pdf, 155 KB]

   ...investigate and determine the issues with the system. The amount claimed was not disputed by OP. 17. I therefore find G Ltd liable to pay the amount claimed. Referee: R Merrett Date: 10 March 2023 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...

4. KN v MQ Ltd [2022] NZDT 187 (21 October 2022) [pdf, 108 KB]

   ...guarantee, whereby the vendor agreed to pay for an untenanted period after the settlement date up to a maximum of $3,600 or six weeks’ rent (whichever is lesser). To be eligible for this payment, the purchaser needed to provide three pieces of information to the vendor, one of which (cl. 36.1(a)) was: “If the purchaser is not part of the Collective Property Management Agreement pursuant to clause 37, a fully signed rental listing agreement with one of the agents recommended by the ve...

5. DX & QX v T Ltd [2023] NZDT 215 (27 April 2023) [pdf, 99 KB]

   ...to some degree, and had then sustained some static settlement over time. He did not consider that the degree of floor differential affected the structural integrity of the house, or made worse the likely CI0301_CIV_DCDT_Order Page 2 of 4 performance of the house and its foundations in the event of a significant earthquake. The second report, written by a representative of MT, stated that “.. we are of the opinion from a structural perspective that even though the foundation settlem...

6. JN & TN v CI [2023] NZDT 492 (5 October 2023) [pdf, 96 KB]

   ...reasonable. They are proved with appropriate documents and invoices and are consistent with the nature of the damage. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: C Price Date: 5 October 2023 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. TH & UH v DM & MT [2022] NZDT 262 (5 December 2022) [pdf, 218 KB]

   ...refund to the Buyer the difference between the price received from the new owner (if any) after deduction of any expenses incurred whilst the Dog is in the care of the Breeder.” 2. If the Dog HAS BEEN desexed, then the Buyer will immediately inform the Breeder and provide the contact details of the new owner, and the buyer will ensure that the new owner will abide by the terms and conditions of the contract to the extent that they remain relevant at the time of the rehoming. Did t...

8. TD v D Ltd [2022] NZDT 70 (1 June 2022) [pdf, 100 KB]

   ...APPLICANT TD RESPONDENT D Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. In July 2021 TD obtained quotes for moving household goods from New Zealand to the United States. After reviewing information received, TD accepted the quote provided by D Ltd and signed a contract with that company. 2. Prior to acceptance of the quote, TD had received an email from D recommending all goods be sighted and packed by their crew. If not, D

9. [2012] NZEmpC 217 Yang v L E Builders Ltd [pdf, 61 KB]

   ...and the factual findings she made. The defendant was not represented at the hearing. The Judge accepted the plaintiff’s evidence that he had raised the issue of his employment status with Mr Loo and that some time later he was asked to sign a form by Mr Loo’s secretary. The judgment records the report by the Document Examination Section of the New Zealand Police on the form the plaintiff signed. The report supported his evidence that he did not fill in the form, other than h...

10. Appointment as representative [pdf, 246 KB]

    ...unlikely to be any conflict between my interests and the interests of the child. PAGE 4Application for appointment as representativeV1 June 2019 Affidavit (or statement) in support NOTE: You must – (a) file an Affidavit containing enough information to show why you’re entitled to the Order you’re asking for, and inform the Court of the facts you’re relying on to support your application (including the age of the child and your relationship to the child); or (b) complete a sta...