Search Results

1. OT v XQ Ltd [2024] NZDT 619 (22 August 2024) [pdf, 186 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 the Courts may sometimes now enforce such contractual penalties, if appropriate (Cavendish Square Holding BV v Makdessi [2015] UKSC 67). 6. Because of XQ Ltd’s absence and lack of submissions, I have no information beyond OT’s evidence, which I accept in any event. 7. A parking building company arguably has a legitimate interest in de-incentivising parking where no fee is paid in breach of the parking contract. Part of the obvious purpose...

2. I Ltd v Q Ltd [2024] NZDT 567 (12 August 2024) [pdf, 185 KB]

   ...conclusion, I find that clause 25.3 of the contract prohibits Q Ltd from making a claim for consequential losses, therefore the counterclaim is dismissed. Referee: Sara Grayson Date: 12 August 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...

3. SG v S Ltd [2024] NZDT 557 (5 July 2024) [pdf, 184 KB]

   ...therefore completed with reasonable skill and care. 11. The claim against S Ltd must be dismissed and I am not required to consider the remaining issues. Referee: C Murphy Date: 5 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 r...

4. E Ltd v XL [2024] NZDT 563 (9 July 2024) [pdf, 239 KB]

   ...of section 29 of the CGA by E Ltd. 24. Accordingly, I do not find that any further amount is payable to E Ltd. 25. The claim is, therefore, dismissed. Referee: S Malaviya Date: 9 July 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...

5. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...compensation of $20,273.00. I note that as B Ltd has elected not to ask for a full refund, it is permitted to keep the van, and may opt to dispose of it or repair it. Referee: Sara Grayson Date: 9 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 fo...

6. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...someone in the organization that worked on MD’s job. U Ltd is liable to pay MD for the loss he has suffered from U Ltd’s services. Referee: B M Smallbone Date: Tuesday, 30 July 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...

7. LL v KE [2024] NZDT 610 (16 July 2024) [pdf, 135 KB]

   ...misrepresentation that entitles LL to compensation, I do not need to consider the final two issues. 12. For the above reasons, the claim is dismissed. Referee: L Thompson Date: 16 July 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...

8. MQ v N Inc [2024] NZDT 526 (26 July 2024) [pdf, 207 KB]

   ...Inc liable to refund the $50.00 staff costs and $150.00 venue hire because they closed the bar earlier than agreed? 6. MQ claims she is entitled to a refund of the bond because the bar staff closed the bar earlier than agreed and she was not informed prior. N Inc say that they encountered repeated instances of people drinking in the carpark, and evidence of people drinking alcohol not purchased in the venue in the toilets, activity which was a breach of the terms and conditions of hi...

9. IW v K Ltd [2024] NZDT 609 (8 August 2024) [pdf, 176 KB]

   ...receive a full refund of the purchase price. It follows from this finding that he is not liable for the $65.00 inspection fee referred to in the CU defence document. Referee: J P Smith Date: 8 August 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...

10. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

    ...were reasonably fit for purpose. 25. For these reasons I find that BG has not proved her claim and it is dismissed. Referee: K Johnson Date: 02 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...