Search Results

1. ME v B Ltd [2023] NZDT 149 (23 June 2023) [pdf, 184 KB]

   ...if she had been told that a credit note would fundamentally alter her position. 12. For the reasons above, I find that B Ltd is liable to pay $8513.60 to ME. Referee Perfect Date: 23 June 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 rehe...

2. LL v DD Ltd [2017] NZDT 1453 (12 October 2017) [pdf, 209 KB]

   ...quality if a stool that she used daily resting on the carpet caused a hole to wear in the carpet. Further she disputed that her dog, which is a Maltese puppy, did or could have caused the other bald patches in the carpet. LL claimed that she had been informed that “bonding delamination” was probably the cause of the patches, therefore the carpet was defective. 6. However I am unable to find that there has been a breach of the guarantee of acceptable quality in this case for reaso...

3. EC v UI [2023] NZDT 615 (23 November 2023) [pdf, 203 KB]

   ...industry costs for the damage done. I am satisfied that the bumper was off the car when the costs were assessed and would be reflected in the remove and replace costs. Referee: W Lang Date: 23 November 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...

4. L Family Trust Limited v KM [2021] NZDT 1319 (24 February 2021) [pdf, 199 KB]

   ...wall to its original colour. 16. However, I am unable to make a finding that Mr M must contribute to the painting of the fence. It is common to leave a timber fence unpainted. The building report notes that “the treated timber fence will perform its purpose without a paint coat, however, the paint cost will aid in preventing the timber from twisting and splitting from UV exposure”. 17. The fence has a build up of some moss and lichen. However, this can be waterblasted or spr...

5. I Ltd v N Ltd [2022] NZDT 282 (7 November 2022) [pdf, 196 KB]

   ...There is no reasonable legal basis to require N Ltd to refund any further amount to I Ltd. e. Therefore, the claim must be dismissed. Referee: Nicholas Blake Date: 7 November 2022 CI0301_CIV_DCDT_Order 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...

6. Dempsey v Accident Compensation Corporation (Late filing to the District Court) [2023] NZACC 218 [pdf, 144 KB]

   ...an application for review of the Corporation’s decision of 26 May 2022 declining Mr Dempsey cover for a left inguinal hernia. [2] On 12 December 2023, Judge Spiller issued an Initial Minute which directed that Mr Dempsey (by 16 January 2024) formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. 2 [3] Mr Dempsey submitted that the appeal was filed late because he had no tangible form of proof to appeal the review within...

7. D Ltd v B Ltd [2021] NZHC 1600 (24 June 2021) [pdf, 230 KB]

   ...remedial work. It must have arisen within two years and have been carried out during that two years so that the costs are incurred during that two-year period. 12. Therefore, it is necessary to look at the evidence of the costs incurred by B in performing remedial work. What amount is payable and by whom? 13. B presented evidence of $10,025.00 of remedial work as reviewed by Dr L. Dr L is an independent clinician and he reviewed the records for each patient, including radiolog...

8. SO v GU [2023] NZDT 326 (26 May 2023) [pdf, 156 KB]

   ...other costs to bring the claim unless it is provided for by contract and in certain specific circumstances described in s 43. None of those circumstances apply here. Referee: R Merrett Date: 26 May 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. KL v DQ & N Ltd [2023] NZDT 505 (14 April 2023) [pdf, 199 KB]

   ...breach of s 9 causes a person to suffer loss, the Tribunal may grant a remedy under s 43. 11. Breach of a contractual promise is not in itself misleading conduct. However, entering into a contract can imply that there is an honest intention to perform the contract. I find it more likely than not that the consultant never had any honest intention of performing the contract. Even if he did initially intend to perform the contract, it seems that he misrepresented the progress of the work in...

10. U Ltd v J Ltd [2024] NZHDT 88 (30 January 2024) [pdf, 99 KB]

    ...not entitled to withdraw from the contract without J Ltd’s agreement. As J Ltd said in the hearing, it could have chosen to sue U Ltd to complete the purchase. 8. U Ltd attempted to cancel the contract in July 2023 and rather than suing for performance, J Ltd accepted that the contract with U Ltd was over. This means that the contract between U Ltd and J Ltd has been cancelled. 9. Section 42 of the Contract and Commercial Law Act 2017 (CCLA) says that when a contract is cancell...