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1. UE v TF & KD [2024] NZDT 652 (9 September 2024) [pdf, 196 KB]

   ...damages in the sum of $23,000 which is the cost of a new engine. 3. The matter was first heard on 25 June 2024 before DTR Wilson. Partway through the hearing, a report was mentioned that was supplied by KD to UE which allegedly contained incorrect information. The matter was adjourned to give UE the opportunity to add KD as a Second Respondent after which the hearing was to be started afresh. 4. I heard the matter today with KD present as a Second Respondent. Issues: 5. After...

2. BT v T Limited [2024] NZDT 656 (10 September 2024) [pdf, 196 KB]

   ...he ordered the correct quantity of materials and to check that what the builder wanted BT to order was correct. 6. Mr N, representing T Limited, said T Limited was provided with a handwritten list of roofing material requirements that it was informed was from BT’s builder. He said T Limited also sighted the plans, but it was not possible to know the quality of the product required from the plans. It can either manufacture materials based on what a client or builder orders, or alter...

3. EM v KU [2024] NZDT 662 (15 September 2024) [pdf, 193 KB]

   ...that by the time those inspections were undertaken, it is more reasonable that BM (and EM’s partner KM who accompanied BM) were more likely directly relying on their inspection and observations of how the vehicle looked and performed, rather than directly on KU’s earlier statement; g. for the avoidance of doubt I also do not accept on these facts that the provision of an A/C belt by KU (which is now acknowledged to be of the wrong type) was a representa

4. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...a photo in evidence apparently alleging it to be a photo of SB, which he denies; and c. XQ Limited’s appeal system is unsatisfactory, not user-friendly, and does not allow a Page 2 of 3 reasonable number of attempts to lodge information. 8. On the evidence however I am not satisfied SB has proven these concerns breach a standard of reasonable care and skill. I say that for reasons including: a. SB’s evidence confirms he shopped at [the supermarket] that day and...

5. DI v KB Ltd and others [2024] NZDT 679 (28 August 2024) [pdf, 99 KB]

   ...enquired about whether the van was insured; she had assumed that it was because she considered it to be a courtesy car, provided in the course of OL’s business to SD. [4] On 29 January 2024, DI had an accident while driving the van. Her father had informed SD about this. After some discussion, SD had said that he and OL would sort the matter out with the insurer of the other party to the accident. [5] DI was subsequently found liable in a separate Disputes Tribunal proceeding for t...

6. HI v UL [2024] NZDT 680 (14 August 2024) [pdf, 99 KB]

   ...UL must compensate HI for the wardrobe ($8,000.00); the dishwasher ($1,500.00); the garage remote ($75.00); and the curtains ($1,000.00), a total of $10,575.00. Referee: C Hawes Date: 14 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 rehe...

7. BC Ltd v NQ Ltd [2024] NZDT 649 (5 September 2024) [pdf, 230 KB]

   ...case. 18. For these reasons the claim is dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: L Trevelyan Date: 5 September 2024 Information for Parties Rehearings Page 4 of 4 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...

8. Q Ltd v SN & TT [2024] NZDT 628 (19 August 2024) [pdf, 104 KB]

   ...$1,600.00 by 11 September 2024. Background 1. The claim seeks payment for mortgage broking services. 2. Q Ltd (BS) says that it provided services to SN and TT subject to terms and conditions, including a term that: If any work is performed by us and any approval or acceptance offer is obtained from the insurer or lender, we may charge a fee for each which you will need to pay if the insurance or loan is not availed or does not proceed. […] The fee is usually based on the a...

9. BG v KN [2024] NZDT 691 (4 November 2024) [pdf, 136 KB]

   ...as I have found in KN’s favour on the underlying debt, there would be no sensible basis upon which she could be liable for the debt collection costs. Referee: S Simmonds Date: 4 November 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. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

    ...regarding every such claim. I decline to make an order for stress in this situation. 22. Taken together, that means that X Ltd must pay ND $3,081.75. Referee: Souness - DTR Date: 12 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 reh...