Search Results

1. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

   ...company. 5. In March 2020, TU contacted NG for a service of the system, which was carried out. Issues again arose with the system in 2021, as a circuit breaker for the system had tripped and the system had overflowed. NG installed a new pump and informed TU that water may still be CI0301_CIV_DCDT_Order Page 2 of 4 getting into the system and the entire system may need replacement. Given that this occurred after major drainage works occurred to ensure surface water was not gettin...

2. ENV-2016-AKL-000xxx Howick Ratepayers and Residents Association Incorporated & Others v Auckland Council [pdf, 5.5 MB]

   ...15.9.16 Environment Court Appeal JMS Page 3 (d) There has been no analysis of the need to rezone the land, or any consideration given to the special characteristics the land possesses. (e) The Council's decision is based on incomplete information. In particular the decision-makers did not consider or have access to: i. The Appellants submissions on the Proposed Plan. ii. The evidence available to the Hearings Panel. (f) The Report to Council dated 19 August 2016 prepared by...

3. EQ v ND Ltd & DQ [2023] NZDT 9 (5 April 2023) [pdf, 98 KB]

   ...contracted the Tribunal and again requested an adjournment on the basis that he was out of country and not reachable over the phone as he was in a remote area and the phone and internet is very limited. An adjournment was not granted. The Tribunal informed DQ that the hearing would proceed. [5] Whereas DQ advised that he made the latest adjournment request a week prior to his travel asking that the hearing be adjourned till 2023, the evidence is clear that DQ left the county knowing that...

4. NB v NF Ltd [2022] NZDT 143 (11 August 2022) [pdf, 135 KB]

   ...to might be unfair on one party. 16. This means that NB has not established her claim for a refund of the deposit paid and her claim is dismissed. Referee: R Merrett Date: 11 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...

5. DQ v S Ltd [2023] NZDT 61 (17 January 2023).pdf [pdf, 184 KB]

   ...respondents an additional $500.00. The respondent then decided that in its views there was nothing wrong with the umbrella the applicants originally bought, it would not be following through the with agreement. 7. The respondent’s refusal to perform its part of the agreement between the parties constitutes a breach of contract. What remedy, if any, is available to the applicants? 8. Section 18 of the CGA sets out the rights of consumers where a guarantee under the CGA has...

6. BK v B Ltd [2021] NZDT 1707 (15 December 2021) [pdf, 150 KB]

   ...established any ground to be allowed credits for the flights that he did not take, or those that he might take in the future. His claim must therefore be dismissed. Referee: C Hawes Date: 15 December 2021 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. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

   ...2019 REPRESENTATION: Registrar: Self-represented Complainant: Self-represented Adviser: Self-represented 2 PRELIMINARY [1] It is alleged that Mr Ahmed, the adviser, uses unlicensed staff within his office to perform immigration work that only a licensed adviser is allowed to perform. Furthermore, he has effectively delegated client engagement to his staff. Mr Ahmed says the staff only undertake permissible clerical work and he was involved with the...

8. MJ v CB [2023] NZDT 130 (9 March 2023) [pdf, 99 KB]

   ...account of this. This does not affect CB, as I have made the full amount payable to J Ltd on the basis that it will refund the excess of $300.00 directly to him. Referee: J P Smith Date: 9 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 a re...

9. I Ltd v XN [2023] NZDT 192 (18 April 2023) [pdf, 206 KB]

   ...The issues to resolve the claim are: (a) Did the parties enter into an agreement that I Ltd would purchase XN’s damaged vehicle on the understanding that it would receive either the insurance pay out for the vehicle, or the insurer would perform the repairs? (b) If not, has XN been unjustly enriched by I Ltd repaying in full the finance for the vehicle? (c) What loss can I Ltd prove it has incurred that it is entitled to be compensated for? Did the parties enter into an agr...

10. UO v DU [2023] NZDT 366 (2 August 2023) [pdf, 121 KB]

    ...contract. If so, can UO cancel the contract and receive a full refund? 17. Section 37 of the Contract and Commercial Law Act 2017 says that a party may cancel a contract if another party has breached a term of the contract, as long as the performance of the term is essential to the cancelling party. 18. This was a relatively simple contract, in which UO promised to pay the sum of $10,800.00 and DU promised to provide a shed. UO’s only reason to enter into the contract was to...