Search Results

1. KT v DX [2024] NZDT 593 (28 August 2024) [pdf, 172 KB]

   ...the hearing proceeded in her absence. 7. As explained at the hearing, the Disputes Tribunal can only consider family loans in the context of contract law and cannot look at or address the wider legal issues around relationship property which is a matter for the Family Court (as between UT and DX). 8. The issue in this case is therefore whether or not DX was a party to the contract with KT. All the facts available to me point to DX not being a party to that agreement....

2. SH v BU [2024] NZDT 552 (24 July 2024) [pdf, 92 KB]

   ...the phone was not sent to her, she had to go back and forth to her son’s school with this specialist app on her own phone to help manage his diabetes, which she said took her a total of 16 hours over 8 weeks of school. She also has reported the matter to the police, which she said took her about 2 hours and spent another 2 hours dealing with Trade me for the claim. Therefore, she claimed 20 hours @ $31.00/hour for $620.00, in addition to what she claimed for the phone. Her amended c...

3. CU & LU v QD Ltd [2024] NZDT 660 (21 August 2024) [pdf, 186 KB]

   ...door that pools water and drain holes for condensation at the bottom of a ranch slider have been blocked by concrete. 4. Ms D, a director of QD Limited, told the Tribunal the colour of the concrete was unacceptable. She states she discussed the matter with the concrete supplier and was recommended to do an acid etch which was done and was not successful. She states she has subsequently discovered the concrete supplier had, unbeknownst to her, changed its colouring product to an inferior...

4. FI v S Ltd [2025] NZDT 13 (9 April 2025) [pdf, 94 KB]

   ...applicable, guarantee is substantial, and such as to justify a full refund. 9) There will, therefore, be an order that the respondent refund to the applicant the purchase price of $559.00. I make no award for the applicant’s time in pursing this matter. I have no power to award the Tribunal filing fee. Referee: G.P.Rossiter Date: 9 April 2025 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you bel...

5. HT v BM [2024] NZDT 711 (21 August 2024) [pdf, 97 KB]

   ...take to mean a new hearing. I can order the Respondent to pay money to the Applicant after hearing the claim if I think it is appropriate to do so, amongst other possible orders. 5. BM said that he believed that the model difference would not matter because HT had previously expressed interest in this model, and HT agreed in the hearing that this was so. HT said that the washing machine was smaller by about half a kilogram’s capacity, but the main issue was that the machine had a f...

6. JT & QL v SQ & TQ [2024] NZDT 855 (10 September 2024) [pdf, 126 KB]

   ...they had bought the house on an “as is, where is” basis 4. The law does not impose a positive duty on a vendor to disclose all the information they know about the house. It is for the purchaser to ask the questions and make enquiries about the matters that they are interested in. 5. For this reason, the Respondents did not need to tell the Applicants that when they purchased the house 4 years earlier, they had done so on an “as is, where is” basis. CI0301_CIV_DCDT_Ord...

7. DS & ES v KE & X Ltd [2024] NZDT 767 (8 October 2024) [pdf, 99 KB]

   ...person in the photo is not wearing glasses. Further, the Respondent says he is not the person in the photo. 15. The Respondent has also lodged a police complaint for his details being used for pecuniary advantage because of this. 16. The matter was heard before in via an in-person hearing at the request of the parties so that I could use the photo taken by DS and compare it with the Respondent to determine likeness as the identity of the driver is in question. 17. Given...

8. M Ltd v DN [2024] NZDT 863 (12 September 2024) [pdf, 92 KB]

   ...supplier must be given an opportunity to remedy. If a supplier refuses or fails to remedy a fault or if the failure cannot be remedied or is substantial, then the consumer is CI0301_CIV_DCDT_Order Page 2 of 3 entitled to cancel the contract. In this matter M Ltd confirmed at the hearing it has remedied the failures and therefore there has not been a breach of the Consumer Guarantees Act 1993. 8. I do not accept the cost of $5,708.76 for the scaffolding as this only remained at DN�...

9. X Ltd v RU Ltd [2024] NZDT 882 (17 October 2024) [pdf, 205 KB]

   ...find that these facts alter the liability of RU Ltd for its contractual liabilities. A company director’s duties are to the company and its shareholder. Conflicts of interest may affect a director’s obligations to the company but are an internal matter for the company, they do not affect private contracts made with external third parties. 16. X Ltd is a separate legal entity from its volunteers and officers. There is no evidence HT’s lack of authority was known by anyone else a...

10. TG v ZT [2024] NZDT 826 (18 December 2024) [pdf, 200 KB]

    ...received. 12. The claim by ZT is therefore dismissed. Conclusion 13. Because I have found there is a lack of jurisdiction to hear the claim and other aspects of counterclaim, I am not required to make any findings in relation to the other matters discussed during the hearings. Referee: S Simmonds Date: 18 December 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something pre...