Search Results

1. B Ltd v C Ltd [2024] NZDT 505 (2 July 2024) [pdf, 131 KB]

   ...concerns due to delayed repairs. The Tribunal has limited discretion in awarding costs, and I do not consider it appropriate to make such an order in the circumstances. Referee: A Chand Date: 2nd July 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 fo...

2. BW v TC [2024] NZDT 511 (31 July 2024) [pdf, 178 KB]

   ...that a driver must not pass on the right of another vehicle moving in the same direction when approaching or crossing an intersection unless that driver’s vehicle does not encroach on the lane for the opposing traffic, or if the moment can be performed safely. 5. The CCTV footage shows that BW rode very slowly into the intersection and was on the far right of his lane. BW did not know if he indicated his intention to turn right before he entered into the intersection, but agreed...

3. ET & JT v AQ [2024] NZDT 295 (13 May 2024) [pdf, 128 KB]

   ...photographs of the damage to [car 1] shows damage on the left rear through to the left wheel. The photographs of the damage to [car 2] shows damage to the front right side of AQ’s car. 10. AQ was either travelling too closely to be able to perform the manoeuvre safely or to avoid a collision if [car 1] braked suddenly. The photographs evidence this. In fact, given the damage to the cars it is more likely than not that [car 1] did not brake suddenly. In any event as I have said above...

4. IV v O Ltd [2024] NZDT 305 (8 April 2024) [pdf, 188 KB]

   ...Ltd is not proved and there is no need for me to consider the issue of “remedy”. 31. For these reasons the claim by IV against O Ltd is dismissed. Referee: K Johnson Date: 08 April 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 re...

5. BX v HL [2024] NZDT 372 (13 June 2024) [pdf, 134 KB]

   ...that all drivers must abide by in New Zealand. CI0301_CIV_DCDT_Order Page 2 of 4 10. There is no specific reversing offence in the Land Transport Act 1998 or the LTR. However, the Courts have recognised that a driver who is reversing is performing “an unusual manoeuvre” and have placed upon the reversing driver an obligation, although not absolute, to take care that nothing is likely to be struck while reversing. 11. As HL’s vehicle was reversing at the time of this c...

6. TQ & MQ v H Ltd [2024] NZDT 460 (19 June 2024) [pdf, 133 KB]

   ...infrastructure and to service growth in the long term. 8. TA, General Manager of H Ltd, stated a Development Contribution is not charged to all new builds, and that they were unaware it would be charged when this contract was entered into. However information provided by the Council and on their website states they can provide an estimate of the Development Contribution at the planning stage, and that the contribution is assessed when the Building Consent is granted. I therefore find t...

7. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

   ...am satisfied U Ltd was in breach of the CCL and the CGA and LR is entitled to compensation $1,914.17 and $390.91 = $2,304.34 and an order is made accordingly. Referee: P Goddard Date: 20 June 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 rehe...

8. DM v CI & QI [2024] NZDT 442 (24 June 2024) [pdf, 144 KB]

   ...father) saw the car parked, unlocked. QI was concerned that CI was driving the car illegally as he only has a Learner’s licence. QI removed CI’s belongings from the car and disabled the car by removing a relay from under the bonnet. 5. DM was informed about what had happened and told CI to return the car to his grandmother’s house and leave it there. CI arranged for a friend’s grandfather to tow the car and it was left outside DM’s grandmother’s house. 6. When DM ret...

9. D Ltd v G Ltd [2024] NZDT 448 (5 June 2024) [docx, 268 KB]

   ...made return essentially impossible. This is reflected by the fact that very few of the [food] was returned to G Ltd by any of its customers. Referee: L. Mueller Date: 5 June 2024 CI0301_CIV_DCDT_Order Page 1 of 2 [image: crest_BW] 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 rehearin...

10. IN & TN v D Ltd [2024] NZDT 446 (23 April 2024) [pdf, 197 KB]

    ...comparing IN and TN’s finished property with one that didn’t have the compromising changes to the yard and wardrobe space, given the permanent loss of amenity. Referee Perfect Date: 23 April 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 re...