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1. E Ltd v KC [2024] NZDT 443 (27 May 2024) [pdf, 101 KB]

   ...front bumper of the truck. The truck was repaired at a cost of $12,747.36 which E Ltd and J Ltd now claim from KC. 4. KC declines liability on the basis that the truck should not have been travelling on the road, and on the basis that J Ltd had informed him in July 2023 that it would not pursue any costs against him. 5. The issues I have to consider are: a. Did KC cause the damage by failing to take reasonable care? b. If so, was there any contribution to the collision or the d...

2. SQ v M Ltd [2024] NZDT 513 (6 August 2024) [pdf, 188 KB]

   ...appoint new tenants. Conclusion 16. As I have found that SQ has not proven the loss he has claimed, his claim is dismissed. Referee: Ms Cowie DTR Date: 6 August 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...

3. Gibson v Accident Compensation Corporation (Claims process jurisdiction) [2024] NZACC 165 (22 October 2024) [pdf, 233 KB]

   ...sum and taxed in the year he received it, not the year to which the payment related. This meant that the entire payment would be included in Mr Gibson’s taxable income for the 2023-24 tax year. The Corporation’s letter enclosed an ACC1566 form for Mr Gibson to advise his selected tax code for the payment. The form stipulated: Weekly compensation is taxed in the year in which you receive it, not the year to which the payment relates. This means the payment shown above will be...

4. MN v QL [2024] NZDT 542 (23 July 2024) [pdf, 143 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 11. QL submitted that therefore, in addition to his verbal evidence that MN agreed that the money was a deposit, the emails that he has provided demonstrate that there was a verbal contract for a deposit on his former home. 12. QL referred me to a receipt for the money that he generated and signed on 16 August 2022 stating that the money was for the deposit as claimed and is proof that MN gave him the money as a deposit. 13. QL referred to a n...

5. ED v NG [2024] NZDT 545 (2 July 2024) [pdf, 96 KB]

   ...been individually costed. I would expect those items would cost well in excess of the $400 or so claimed for them. 16. Consequently, the amount claimed is awarded. Referee: G R Meyer 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 for a re...

6. UD v CE [2023] NZDT 73 (4 April 2023) [pdf, 199 KB]

   ...For these reasons, I find that the exception created in Rule 1.8 on this occasion should be applied and I find that CE is not liable for the damage he caused. Referee: C Murphy Date: 4 April 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 re...

7. QD v QC [2023] NZDT 461 (3 July 2023) [pdf, 105 KB]

   ...480kg carcass should yield about 320kg in processed meat (two-thirds of the carcass weight). QC based this on: i. Conversations that he has had with other butchers; and ii. His own research on the internet. I can give little weight to information that QC gives me about what other people have told him. That is hearsay evidence. With regards to QC’s internet research, he provided a single citation from an unknown website which states: If you purchase a 1,200lb steer w...

8. QC v KN [2023] NZDT 426 (10 July 2023) [pdf, 217 KB]

   ...The grounds listed in section 43 have not been established in this matter and therefore the claim for the administration costs and filing fees is dismissed. Referee: Nigel Wolland Date: 10 July 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 r...

9. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [pdf, 208 KB]

   ...joined as an Applicant as I accept that he was a joint purchaser of the property. 3. The Applicants claim $16,771.50 comprising repair costs and inspection report costs, 5 weeks and 4 days lost rental of $1,782.86, being $520.00 a week, less LI’s former rental costs, $3,190.00 in administration time and overheads; and $6,927.25 for estimated additional repairs. 4. The issues to be determined are: a. Was the construction carried out with reasonable care and skill and was the o...

10. LJ Ltd v DS Ltd [2022] NZDT 147 (16 August 2022) [pdf, 206 KB]

    ...2. The matter had been adjourned after the first hearing on 28 June 2022 and was continued before me today. DS Ltd did not attend the hearing as there was no response to the phone number previously available for them. No further evidence or information had been provided by them. The absence of the respondent does not prevent the hearing going ahead. 3. The issues I need to decide are: a) Was the truck driver an independent contractor or was the relationship between DS Ltd and