Search Results

1. BS & NS v DL [2023] NZDT 50 (9 February 2023) [pdf, 183 KB]

   ...$2,676.22 for the vet treatment and travel costs. 13. The claim for the filing fee is dismissed and the claim for NS’s medical expenses is struck out. Referee: Sara Grayson Date: 9 February 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...

2. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...preceding paragraph, it follows that I also find that EB Ltd is not liable to pay the whole or any part of the amount claimed by D Ltd. I therefore dismiss the claim. Referee: PJ Ferguson Date: 13 August 2019 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 or a mistake was made. If you wish to...

3. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

   ...find that MT is entitled to the sum of $421.48 for a refund of the original fees, plus damages for the extra costs involved in setting up with a new provider. Referee: K Rendall Date: 15 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 rehe...

4. EH v KS [2023] NZDT 415 (25 August 2023) [pdf, 182 KB]

   ...destroying the boxes, EH destroyed KS’s property thus relieving KS of any further requirement to remedy the failure to provide a dog box of acceptable quality. Referee: G R Meyer Date: 25th August 2023 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...

5. EN v CQ Ltd [2022] NZDT 51 (17 January 2022) [pdf, 174 KB]

   ...Tribunal orders: GQ Ltd is to pay $495.50 to EN by 5 February 2022. Background 1. EN lives in [Town]. He purchased a second-hand TV from a seller in [City]. The seller assisted EN by arranging transport of the TV with GQ Ltd. GQ Ltd was informed by the seller that the seller was not paying for the transport of the TV and that a final decision about transport would be made by the purchaser of the TV. 2. An invoice for payment was sent by GQ Ltd to EN and the TV was transp...

6. KU v N Ltd [2023] NZDT 778 (11 September 2023) [pdf, 96 KB]

   ...not generally awarded for mental distress and the like absent special circumstances. The total sum payable to the consumer is therefore $ 17,975.06. Referee: E Paton-Simpson Date: 11 September 2023 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 reh...

7. MG v TX & QD [2021] NZDT 1631 (30 June 2021) [pdf, 188 KB]

   ...one new lot, and transfer ownership of that lot to MG and her partner. The agreement required MG and her partner to pay TX and QD the costs of the sub-division. 11. MG’s claim may be considered as a claim for damages arising from the non-performance of that contract. However, there are several difficulties with considering the claim on that basis, including: a. Contracts for the sale of land are not enforceable unless they are in writing (section 24, Property Law Act 2007).

8. EC v U Ltd [2023] NZDT 186 (13 June 2023) [pdf, 101 KB]

   ...provide to their customers. They said however that every issue that EC encountered was dealt with and resolved by U Ltd, and that overall, even taken together, they considered that the service provided was reasonable. 13. I have taken all of the information provided by both parties into account and I am unable to make a finding that U Ltd’s service was not provided with reasonable care and skill in this case. 14. I can see that there were a number of issues that EC encountered in...

9. BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]

   ...applicants claim $3,866.30 for a replacement mantel because the old one will need to be removed. 21. The normal measure of damages for breach of contract is to put the wronged party into the position they would have been if the contract had been performed. 22. I am satisfied that if the contract had been performed the applicants would be in possession of an elderly inset fire box and flue with an out of date wooden mantel in reasonable working order. 23. I am not satisfied that...

10. SX Ltd v RO Ltd [2021] NZDT 1554 (11 August 2021) [pdf, 244 KB]

    ...item. I have also considered the invoicing which I note clearly separates out the proportion of the total cost from the weekly scaffolding charges. 11. I have also considered the evidence of RO Ltd’s witness FF, who gave evidence that they performed the removal of the asbestos roof and then gave evidence that there had been delays due to weather and a Health and Safety stoppage. The witness stated that the scaffolding that was installed under the directions of SX Ltd was utilised dur...