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1. LL v XX [2023] NZDT 219 (17 May 2023) [pdf, 112 KB]

   ...after the work was done. He complained about them some months later when a dispute arose about payment. 11. I have therefore also dismissed XX’s counterclaim. Referee: T Prowse Date: 17 May 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...

2. JB v IQ [2023] NZDT 321 (12 July 2023) [pdf, 108 KB]

   ...an earlier rule on which rule 9.12 was based, namely reg 53 of the Traffic Regulations 1956. In Berrett v Smith [1965] NZLR 460, Hutchinson J held that reg 53 was designed to protect the purchaser, and that breach of reg 53 made the seller’s performance of the contract illegal, permitting the innocent purchaser to recover any amount paid in respect of the contract. On other hand, in Fenton v Scotty's Car Sales Ltd [1968] NZLR 929, Woodhouse J held that reg 53 was designed solely to...

3. QL v GT Ltd [2022] NZDT 129 (9 September 2022) [pdf, 96 KB]

   ...TRIBUNAL District Court [2022] NZDT 129 APPLICANT QL RESPONDENT GT Ltd The Tribunal orders: QL is not liable to pay the sum of $5,007.83 to GT Ltd. Reasons: 1. This dispute arises as a result of email hacking, more formally known as business email compromise (BEC) fraud. On 26 April 2022, GT Ltd sent a quotation to QL for the cost of carpeting her house with a [Bank 1] account number for payment. QL rang and discussed some changes, then followed up with a...

4. E v U Ltd [2021] NZDT 1689 (22 December 2021) [pdf, 213 KB]

   ...whether or not he left the house does not have the same significance, and it would not be fair to decline the claim on this basis. 13. The insurer’s representative decided not to get into some similar examples of minor pieces of incorrect information found by the investigations team, and I am satisfied that there was nothing that should have raised any real concern. I, therefore, find that the insurer was not entitled to decline the claim and cancel the other policies. What re...

5. LCRO 34/2018 GR v [Area] Standards Committee [X] [pdf, 199 KB]

   ...and purchase agreement. [9] In doing so, she posed these questions to Mr GR: Did [Company A] consent to the preparation of their easement with the other service easement as you have registered it, and did they sign an Authority and Instruction Form accordingly.2 Please confirm that [Company B] also signed and (sic) Authority & Instruction Form. 2 All transactions lodged via e-dealing must be duly authorised. A signed Authority and I...

6. Waitangi Tribunal COVID-19 Protection Framework protocol (Revised 9 February 2022) [pdf, 121 KB]

   ...technology or by a combination of both, as determined by the Presiding Officer and Tribunal panel in consultation with claimants and counsel. 7. Remote hearings will be conducted using telephone conferencing, audio-visual link (AVL) or another form of videoconferencing, such as Zoom. Hearings in Red level 8. Tribunal hearings at a location in Red level will be conducted using remote technology. This will also apply to all other Tribunal-run events, such as judicial conferences and m...

7. MI v EG [2023] NZDT 194 (23 June 2023) [pdf, 188 KB]

   ...CI0301_CIV_DCDT_Order Page 3 of 4 What reasonably foreseeable loss can EG prove he has incurred that his insurer is entitled to be compensated for? 12. EG claimed from his insurer to have his motorbike repaired. The repairs were performed for a total cost of $6,444.92. Q Ltd provided a pre-accident valuation that showed EG’s motorbike had an estimated value of $11,000 before the collision. I am therefore satisfied that it was economic to repair the motorbike for $6,444.9

8. QN Ltd v SL [2020] NZDT 1337 (5 March 2020) [pdf, 205 KB]

   ...contractual obligation to repay Q any legal fees? b. If not, has Mr L obtained a payment of legal fees for which it would be unjust to retain? Did Mr L have a contractual obligation to repay Q any legal fees? 3. Parties to a contract need to perform their respective obligations. If they do not they will be in breach of the contract and required to compensate the innocent party for foreseeable losses caused. 4. Q has explained that it was an implied term of the contract with Mr L...

9. NU v OA [2023] NZDT 748 (19 December 2023) [pdf, 224 KB]

   ...is to pay Mr NU the sum of $590.58. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: K Johnson Date: 19 December 2023 Page 5 of 5 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...

10. SQ v MN Inc [2021] NZDT 1472 (8 August 2021) [pdf, 189 KB]

    ...not uncommon for a pet to find its way to the old house after the owners move. MN did not contact the neighbour to ask the address of the person who had supposedly moved away. I find that this would have been a reasonable step to take, given the information that [Veterinarian] had received. Since MN failed to take this step, I find that it is liable to SQ for the conversion of her cat. What order, if any, should be made? 14. Since a third party who was not involved in the proceedings no...