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1. SX v GO [2023] NZDT 686 (20 December 2023) [pdf, 107 KB]

   ...that an equivalent replacement vehicle could have been obtained in the market for less than the $15,000.00 [Valuation Services] valued SX’s car at, I do not accept the $8500.00 figure put forward by GO. That is because one [online] ad, missing key information such as mileage and description, is not sufficient to prove that SX’s vehicle was uneconomic to repair at the cost of $9343.84. CI0301_CIV_DCDT_Order Page 3 of 4 14. If the repair cost had been much closer to the for...

2. PQ v ET [2024] NZDT 73 (12 February 2024) [pdf, 134 KB]

   ...half as agreed. f. Mr P’s claim incorrectly seeks $18,972.55. I cannot award Mr P more than he is claiming. 26. ET is to pay Mr P $18,972.55. Referee: Nicholas Blake Date: 12 February 2024 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 r...

3. X Ltd v DN [2023] NZDT 282 (24 July 2023) [pdf, 180 KB]

   ...the Tribunal on 23 December 2022, the claim for the repair was made within the six year limitation period. DN is required to pay this amount, which is $1,955.00. Referee: M Wilson Date: 24 July 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...

4. O Ltd v NT [2023] NZDT 193 (13 April 2023) [pdf, 211 KB]

   ...event that NT terminated the contract without earning sufficient commission to repay the debt, then I find that it was reasonably implied that he would repay the balance of the advance paid to him. I find that an objective bystander observing the formation of the contract would conclude that the parties did not write that term into their agreement because it was obvious to them both. I therefore find that NT is liable to refund O Ltd the full amount of the balance of the advance he receive...

5. MI Ltd v QD Ltd [2022] NZDT 205 (18 July 2022) [pdf, 98 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 205 APPLICANT MI Ltd RESPONDENT QD Ltd The Tribunal orders: MI Ltd’s claim against QD Ltd is dismissed. Reasons: 1. The applicant purchased a pilates reformer and tower from the respondent on Trade Me. The cost for the reformer was $4,300.00. The applicant claims the reformer bed was not in the condition it was represented to be in the Trade Me advertisement and claims $1,740.89 which has be...

6. NH v RA Trustees Ltd [2020] NZDT 1373 (11 November 2020) [pdf, 106 KB]

   ...the parties met on site on 1 November 2019 to discuss the fence. As no agreement could be reached, NH forwarded a quotation from a fencing contractor for a replacement fence to RA Trustees Ltd on 1 February 2020 and referenced that quotation in the formal fencing notice she sent to them on 21 February 2020. CI0301_CIV_DCDT_Order Page 2 of 4 3. RA Trustees Ltd replied to the fencing notice informally on 27 February via their property manager, re-stating their desire and off...

7. ND Ltd v TS Ltd [2023] NZDT 101 (3 April 2023). [pdf, 191 KB]

   ...not filed any further documents since the last hearing and did not attend the hearing today. 20. I consider that it is most likely that TS Ltd have not paid an excess to their insurer in this case. This is because: a. BG Ltd has provided information which suggests that the repair of TS Ltd’s van was managed by BG Ltd’s insurer, and cost $2,381.00. This is not what TS Ltd said happened, and TS Ltd has not provided any evidence of what they said at the second hearing. b. I con...

8. HI v LX [2023] NZDT 148 (31 May 2023) [pdf, 199 KB]

   ...approximately $10,000 below what he paid for it. 22. With due respect to HI, I do not find this argument persuasive. 23. The challenges with obtaining insurance do not apply to this mooring only. They apply to all swing moorings, and this information is freely available to the market. Despite this, swing moorings are in high demand in the [Region 2]. LX submitted that he had many people interested in the mooring, and it seems that HI was aware that he had to act quickly if he wante...

9. Working with victims and perpetrators of sexual violence and family violence [pdf, 117 KB]

   ...for free or chat online with one of their counsellors. Working with victims and perpetrators of family violence and sexual violence Guidance for criminal legal aid lawyers https://www.justice.govt.nz/family/family-violence/protection-order-forms/ https://www.justice.govt.nz/family/care-of-children/resolving-parentings-disagreements/going-to-family-court-after-mediation/applying-for-parenting-order/ https://www.justice.govt.nz/family/family-violence/what-are-property-and-furniture-ord...

10. KJ v OU Ltd [2022] NZDT 216 (16 November 2022) [pdf, 115 KB]

    ...was sufficient proof that a lose towbar was responsible for the second bike rack failing and needing to be replaced. 19. Mr Z said that those kind of towbars need a specialised ball system which he described. He said that the using a mathematical formula which is an acceptable way to work out load capacity, the downward pressure on the bike rack was too great. 20. He said that while he does not dispute that the bike towbar became lose and demonstrated unacceptable movement, the rea...