Search Results

1. FA & FAA v TZ & TZZ [2017] NZDT 1048 (18 July 2017) [pdf, 90 KB]

   ...clauses are unenforceable. A provision in a contract will constitute a penalty clause if it is punitive, imposing a penalty for breach that is extravagant or unconscionable having regard to the innocent party’s interest in the contract being performed. [6] The Membership Agreement for each applicant provides for a minimum term of twelve months. Clause 4 states: “The membership will continue on a monthly basis (“extended period”), after the completion of the...

2. KB v KP [2023] NZDT 184 (13 June 2023) [pdf, 104 KB]

   ...U at their shop in [Suburb]. U are to release the bike to KB. Once the $7,700.00 has been paid to KB by KP he can organise to collect the bike from KB. Referee: Lucy Trevelyan Date: 13 June 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 reh...

3. H Ltd v T Ltd & Ors [2023] NZDT 700 (19 December 2023) [pdf, 226 KB]

   ...instructions, particularly when NL stated in his email the purpose for which the DWG file was required. As the plan provided to NL contained measurements that were inconsistent with other plans, I find the plans were ambiguous. 12. [Building evaluator] information also indicates T Ltd had an obligation to accurately locate boundaries and obtain site levels. Whether it was reasonable for T Ltd to rely on the master site plan provided, or whether they should have compared all plans, was n...

4. [2019] NZSSAA 33 (16 May 2019) [pdf, 137 KB]

   ...not changed for some time, the Ministry reassessed his entitlement to Accommodation Supplement based on board of $400 per week. At this rate, the accommodation component of the appellant’s board cost is $248 per week. Applying the relevant formula, he is now entitled to an Accommodation Supplement of $127 per week. [17] In relation to Special Benefit, the Ministry says that the appellant has been receiving Special Benefit since 2011. While there is no maximum for Special Be...

5. MN v TG [2023] NZDT 141 (30 June 2023) [pdf, 209 KB]

   ...Background 1. MN purchased a car from TG in early 2023. The car was advertised on TradeMe with a $1 reserve. The advertisement was relatively brief, and was accompanied by some photographs of the car and also a video of it. In addition, there was information provided through the question-and-answer function. 2. The issues to resolve the claim are: a. What was said about the car at the time it was sold? b. Did the car match this description? c. If not, how much will it cost t...

6. KM & LM v BN [2023] NZDT 181 (12 July 2023) [pdf, 122 KB]

   ...more; and b. BN is not entitled to a refund of the amount that she has paid. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Nicholas Blake Date: 12 July 2023 (date of issuance of amended Order) Page 5 of 5 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. SU v F Ltd [2023] NZDT 266 (25 May 2023) [pdf, 108 KB]

   ...days. Although the fees charged in SU’s case were lower, the administration charges differ from the initial fee in being fixed charges rather than up to a maximum. It is the clause itself that must be enforceable, and a partial waiver cannot transform an unenforceable penalty into an enforceable term. 11. Also, the administration fees are for late payment rather than for parking violations. Adding $180 to a $80 debt after fourteen days seems out of all proportion to the interest in tim...

8. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...his purchase price of $11,484.00, and $2,000.00 for legal costs and his own time and inconvenience in dealing with this matter. 3. C Ltd denies the claim saying no such assurance was given. It says NN had completed his purchase by the time any information about potential phone charging capabilities, or otherwise, could be provided to him. 4. The issues to be resolved are: a. Is the bike of acceptable quality and/or fit for any purpose made known by NN? b. If not, is NN entitled...

9. DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]

   ...CJ LTD tested the battery and provided data to T Ltd. T Ltd does not have (and has never had) physical possession of the battery. b. The data is inconclusive in terms of the reason for the failure. The results show no sign of reduction in performance over time, which is the common symptom of cell balance. This aligns with DC’s evidence that he did not experience any loss of performance before the sudden failure of the battery. c. A cell failure could have a range of causes incl...

10. DN & EN v R Ltd [2023] NZDT 725 (13 December 2023) [pdf, 94 KB]

    ...$26,352.00 from R Ltd. [2] EN spoke for herself and her husband. She said that they had booked flights that were to leave [City] on 12 May 2023. Their intention was to attend a wedding in [Country 1]. When they arrived at [City] airport, they were informed by a R Ltd official at check-in that they lacked the required visas to enter [Country 1], and could not board the flight. EN and her husband explained to the official that they both had dual nationality, being citizens of [Country 2]...