Search Results

1. N Ltd v DS [2024] NZDT 416 (21 May 2024) [pdf, 187 KB]

   ...by the end of January. Given that N Ltd agreed to the removal of the signs, I do not consider that Q Trust can be liable to contribute to the costs of doing so. Referee: L Trevelyan Date: 21 May 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...

2. KH v N Ltd [2024] NZDT 420 (4 March 2024) [pdf, 142 KB]

   ...shipping line, was $20,355.96 (“excludes clearance, cartage, [Country] handling etc”); c) in reliance on that “indication”, the applicant purchased the motor home; CI0301_CIV_DCDT_Order Page 2 of 4 d) the respondent then informed the applicant that the particular shipping line was not available and offered two alternative freight service options; e) the applicant accepted option one being: “$24K approx. excluding NZ arrivals and clearances. Expect another $...

3. LG v G Ltd [2024] NZDT 411 (28 May 2024) [pdf, 130 KB]

   ...boat. 10. LG was not happy with the boat and so did not elect to go for a ride on it. The parties did not agree on what needed to be done to the boat so that LG would be happy with it. It therefore left the third option, and that was for LG to inform G Ltd within 48 hours of viewing the boat that he wanted a full refund of his deposit. LG chose that option, which he said was an option clearly granted to him under the contract. There is no dispute that LG sent G Ltd an email that reques...

4. CD Ltd v BM [2024] NZDT 396 (10 June 2024) [pdf, 97 KB]

   ...materials $ 162.36 Plus finishing lines $ 149.23 $2416.09 Plus GST $ 362.41 $2778.50 Less paid $1052.25 Balance to be paid $1726.25 Referee: DTR Edwards Date: 10 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 fo...

5. OD v Q Ltd [2024] NZDT 422 (14 May 2024) [pdf, 112 KB]

   ...opened [laptop] and unopened SSD card to his local branch of Q Ltd within two weeks, obtaining a receipt from Q Ltd to confirm that it has received these things. Referee: L Thompson Date: 14 May 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...

6. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

   ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refe...

7. SM v KK [2024] NZDT 428 (17 May 2024) [pdf, 100 KB]

   ...of any duty owed to KK. 13. This means that KK is liable to pay the loss suffered by SM as a result of the incident and KK’s counterclaim is dismissed. Referee: R Merrett Date: 17 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 re...

8. LB & TB v BU Ltd [2024] NZDT 612 (29 August 2024) [pdf, 105 KB]

   ...the purposes for which goods of the type in question are commonly supplied. 5. In the present case, the Applicants state that they purchased a kitset cabin to be installed on their property from the Respondent. The Applicants state that the information on the cabin, on the Respondent’s website stated that the kitset was easy to assemble and could be done as a DIY project or by a builder or tradesperson. 6. The Applicants were provided with the written instructions for the insta...

9. HT v K Ltd [2024] NZDT 616 (6 September 2024) [pdf, 100 KB]

   ...original hearing in the Tribunal, in accordance with the Order of the Disputes Tribunal dated 22 March 2024. No further payment is therefore required. Referee: DTR Edwards Date: 6 September 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...

10. EF v TB [2024] NZDT 617 (12 September 2024) [pdf, 100 KB]

    ...himself, to seek advice about the possible consequences of the course of action he wanted to take. Both the hospital doctors and Dr M considered the course of action undertaken by TB may have been a factor in the accident. Having considered the information provided about TB and his condition, I find the prudent person would have sought advice before ceasing medication and before embarking on an extreme weight loss programme, and that failing to do so is a breach of a duty of care. I fu...