Search Results

1. Tukiri - Te Kopua 3 and 4 (2002) 98 Waikato MB 100 (98 W 100) [pdf, 239 KB]

   ...accepted that the late Mrs Rickard did sterling work securing the block for the people but felt that they had to move on and look to the benefit of all shareholders and for this reason he sought orders appointing trustees. In 1983 a Trust was formed to administer the land. To some it may not have seemed an ideal vehicle to manage and administer the land but nevertheless it was formed. It provided the owners an opportunity of being involved in such management and administration....

2. UH Ltd v BI [2023] NZDT 13 (12 April 2023) [pdf, 99 KB]

   ...costs. 3 albeit claiming that she had not agreed to this repair 4 the parties are in disagreement over this point CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Hannan DTR Date: 12 April 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...

3. MT v EB [2023] NZDT 508 (1 November 2023) [pdf, 239 KB]

   ...“we'll notify you that your bid has been successful, and you should promptly pay the purchase price (plus any agreed shipping) and complete the transaction in the manner specified in the listing”. 10. Parties who use the [online] platform agree as part of their membership to abide by the [online] terms and conditions. I find it is an expressed term of contacts conducted through that platform that the purchaser must pay for the goods before they are delivered. 11. I agree...

4. TQ v WT Ltd & OQ Ltd [2022] NZDT 294 (29 November 2022) [pdf, 112 KB]

   ...instance my finding is that neither WT Ltd nor OQ Ltd breached any legal duty owed to TQ. 34. Therefore, the claim must be dismissed. Referee: Nicholas Blake Date: 29 November 2022 CI0301_CIV_DCDT_Order 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...

5. XT v HN [2021] NZDT 1541 (14 January 2021) [pdf, 188 KB]

   ...$21,500.00. Taking in to account the evidence presented by both parties I find a fair value for the caravan is $2800.00 and this is the amount HN is liable for. Referee: C Murphy Date: 14 January 2021 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...

6. MW & NW v SL & TE [2023] NZDT 510 (20 September 2023) [pdf, 217 KB]

   ...a 15% discount is appropriate, or in other words MW and NW should be reimbursed for 85% of the expense. 15. SL and TE are to pay MW and NW $2,737.31. Referee: M Wilson Date: 20 September 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 reh...

7. BI v LU [2023] NZDT 589 (10 November 2023) [pdf, 205 KB]

   ...examination of the oven after the fire, revealed gaps in the fire bricks at the base of the oven. When the bricks were removed it was noted that the 10mm thick decorative tiles (under the oven) had been burnt through, allowing the plywood and the timber platform under the tiles, to effectively catch fire. According to FG (as reported by the fire investigator), the respondent was provided with the FG specification and installation PDF. The specification clearly states that there must be a...

8. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

   ...time, so a reasonable consumer who is unfamiliar with automatic watches would need a clear explanation of the watch’s functionality in order to assess whether it would be acceptably reliable. In the absence of prior knowledge or a sufficiently informative explanation, I find that the watch was not acceptably fit for purpose under CGA s 7. 11. Additionally, CGA s 9 requires goods to be reasonably suitable for any particular purpose made known, expressly or by implication, to the supplie...

9. EC v SX & HN [2023] NZDT 320 (3 August 2023) [pdf, 183 KB]

   ...redemption cost of the two vehicles already returned and the towing cost, as EC did not have the opportunity to reassemble the [motorcycle 1] before its return. Referee: E Paton-Simpson Date: 3 August 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 f...

10. J Ltd v UX [2023] NZDT 506 (25 September 2023) [pdf, 179 KB]

    ...12. As J Ltd has not proven that UX breached a term of an agreement, it is not entitled to the order that it seeks, and its claim is dismissed. Referee: K Cowie DTR Date: 25 September 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...