Search Results

1. MT v UI [2022] NZDT 54 (9 May 2022) [pdf, 148 KB]

   ...months old, and depreciation at 2% was applied to the cost of the replacement turf. 18. The claimed amount of $8,500.20 was reasonably foreseeable and reasonable. Referee: Souness - DTR Date: 9 May 2022 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...

2. DD TU v BM [2021] NZDT 1607 (10 August 2021) [pdf, 198 KB]

   ...been serviced on occasions during the period that BM had owned it. The applicants said that there were some relatively minor matters which needed attention. However, the mechanic who dealt with them drew their attention to a leaking head gasket. He informed them that it could blow at any time, and that they should not use the car for towing. He warned them that they should check the oil and water every time that they used the car. He told the applicants that BM had been aware of this issue...

3. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...workshop submitted that it had a right to detain the Polaris until its invoices were paid. There was no evidence of an express contractual lien, but the common law recognises a worker’s lien, which applies where someone has improved goods by performing work on those goods. The lien allows the worker to detain the goods in order to obtain payment of the charges for that work. It does not allow the goods to be detained to obtain payment for different work on different goods. Therefore, it...

4. [2010] NZEmpC 50 Assured Financial Peace Ltd & Prosper With Us Ltd v Pais [pdf, 29 KB]

   ...power to order a stay of proceedings under the decision or order to which the application relates. (3) An order under subclause (1) or subclause (2)— (a) may relate to the whole or part of a determination or decision or order, or to a particular form of execution; and (b) may be made subject to such conditions, including conditions as to the giving of security, as the Authority or the Court thinks fit to impose. [4] The discretion is broad and the ultimate test is the interests of...

5. TU v EN & C Ltd [2024] NZDT 479 (28 May 2024) [pdf, 108 KB]

   ...provided, and in any event, such work would be the contractual responsibility of NI Ltd, and not EN personally. This part of the claim therefore does not succeed. Referee Perfect Date: 28 May 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...

6. U Ltd v KG Ltd [2024] NZDT 477 (6 June 2024) [pdf, 93 KB]

   ...is reasonable. KG Ltd has not provided any evidence to contradict that. [14] Thus, KG Ltd must pay for the work and materials provided to it by U Ltd. Referee: C Hawes Date: 6 June 2024 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 reh...

7. TU v TG Ltd & SC [2024] NZDT 481 (19 June 2024) [pdf, 103 KB]

   ...dismissed since no basis has been established for personal liability. Referee: E Paton-Simpson Date: 19 June 2024 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...

8. QN v CI & EN [2024] NZDT 472 (4 June 2024) [pdf, 198 KB]

   ...having received the loan funds more than a year ago. If so, what remedy is appropriate? 13. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. However, parties are allowed to agree on a remedy as part of their contract. 14. In this case, it was agreed that if no repayments were made QN was entitled to the car that had been brought with the proceeds of the loan. The diff...

9. EI & MQ v M Ltd [2024] NZDT 485 (19 June 2024) [pdf, 95 KB]

   ...February 2024, agreed to wait a further six weeks for the delivery of a replacement bed package based on M Ltd advising that was how long it would take. After 10 weeks, MQ and EI contacted M Ltd inquiring as to where the bed package was. They were informed it was on a container and there was no delivery date provided. In mid-April MQ and EI contacted M Ltd and advised if they could not provide a delivery date then they wanted a refund. M Ltd at first asked for an extension to 31 May 2024 t...

10. YD & YA v CU Ltd [2024] NZDT 491 (17 June 2024) [pdf, 185 KB]

    ...applicants had to pay $899.00 to replace the motor. CU Ltd could not locate any invoice so did not know whether the motor had been included in the 2018 repairs and whether or not it might be covered by any warranty. The applicants could not find this information from their insurance company or the garage company either. However, CU Ltd thought they might have passed on the invoice to the applicants to pay the garage directly. 6. The applicants bear the onus of proving on the balance of p...