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1. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...hearing Mr S argued that NB was aware that there were works taking place on the road and had not made a reasonable effort to protect his assets. Mr S pointed out that there were two flyers sent to property owners by Fulton Hogan and Auckland Transport informing them of the work. He also argued that it is common knowledge and NB ought to have been aware that concrete pouring could cause harm, and taken steps to keep his business assets safe. 10. The flyers inform residents that work on...

2. NQ v QC [2023] NZDT 328 (19 July 2023) [pdf, 118 KB]

   ...fee could be higher than the outer range of the estimate depending on the time spent and the outcome. 10. I note too that Rule 9.4 of the Lawyers & Conveyancers Act (Lawyers Conduct & Client Care) Rules 2008 requires a lawyer to “inform the client promptly if it becomes apparent that the fee estimate is likely to be exceeded”. There is no evidence to support that QC Ltd told NQ that the fee is likely to exceed (by some considerable margin) the fee estimate in the terms of...

3. KD v QM [2023] NZDT 507 (9 October 2023) [pdf, 209 KB]

   ...TRIBUNAL District Court [2023] NZDT 507 APPLICANT KD RESPONDENT QM The Tribunal orders: The claim is dismissed. Reasons: 1. On 18 January 2022, KD filed a claim against U Ltd and B Ltd for alleged defective work B Ltd performed when building a conservatory for KD’s father in 2007. During the course of the hearings on the claim, U Ltd was struck out as a party. An order was made on 8 June 2022 that B Ltd was to pay KD $11,127.50 on or before 30 June 2022....

4. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...with the wider AODT Court team to promote continuous improvement and professional development for lawyers • notify Legal Aid of any non-attendance of rostered AODT defence lawyers • provide participant attendance reports and cost of service forms to the Legal Aid office, on the exit or graduation of the participant from the AODT Court programme, for the finalisation of the legal aid grant • develop and maintain strong internal and external relationships with key contacts •...

5. TM v DD [2019] NZDT 1469 (18 November 2019) [pdf, 122 KB]

   ...carries the burden of satisfying me her version is correct. As both could equally be correct, TM has not discharged the burden of satisfying me that T had arthritis at time of sale. 18. At the time of discussing the sale and purchase of T, DD informed TM that T had a history of osteochondrosis (“OCD”) and he had the potential to develop arthritis at an earlier age. TM was aware of this and chose to go ahead with the sale. 19. DD made a statement about her belief about the futu...

6. TQ IQ v ZC [2021] NZDT 1704 (10 December 2021) [pdf, 210 KB]

   ...payable in additional to actual additional expenses. 13. Based on the findings above, ZC is to pay $1173.00 + $361.00 + $100.00 to TQ and IQ, being $1634.00. Referee Perfect Date: 10 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. NT v GD Ltd [2022] NZDT 177 (20 September 2022) [pdf, 111 KB]

   ...the applicant had booked his flights, there were several instances where the airlines changed flight times and the respondent failed to notify him of significant changes. Instead, these notifications came directly from the airline. b. Incorrect information was given to the applicant by an agent who was no longer working for the respondent, causing confusion and stress. This was especially the case regarding flights that had been booked but not proceeded with as the applicant and his fami...

8. KN v BT [2020] NZDT 1365 (9 December 2020) [pdf, 101 KB]

   ...further agreement regarding the driveway fence but no agreement was ever reached. Is BT liable to contribute to the cost of the driveway fence as claimed by KN? 9. Once no agreement was reached regarding the driveway fence, KN needed to issue a formal fencing notice to BT. This is required by section 10 of the Fencing Act 1978, and the Act details what is required to be specified in such a notice. 10. KN’s email to BT of 31 July 2020 contained 4 quotations as attachments an...

9. Appendix-M3-NZEAN-Legislation-Changes-Requests-.pdf [pdf, 181 KB]

   ...for the very first time in the proposed Accessible Streets 2020 legislative changes. Land Transport (Road User) Rule 2004 (SR 2004/427) (as at 01 May 2011) Interpretations - road margin includes any uncultivated margin of a road adjacent to but not forming part of either the roadway or the footpath (if any) Road users with animals 11.14 Use of road (1) A rider of an animal on a road must, when a reasonably adequate road margin is available, keep the animal on the road margin as far as practi...

10. KO v TC [2023] NZDT 713 (17 December 2023) [pdf, 175 KB]

    ...Is KO entitled to $160.00 as claimed, or to any other sum? Has TC breached the contract by not supplying goods sold to KO? 5. When individuals agree to buy and sell goods, they make a contract. Contract law generally requires parties to perform the promises they make to each other unless there is a valid legal reason not to do so. 6. I find there is insufficient evidence to prove a breach of contract. 7. KO has clearly stated that certain key items were not delivered to him....