Search Results

1. BS & WQ v K Ltd & ors [2023] NZDT 653 (2 November 2023) [pdf, 191 KB]

   ...the relevant building consent”, and “that building work will be carried out with reasonable care and skill”. Building work includes all siteworks associated with the new development including drainage. 7. The issue of the flooding in this matter relates to natural flow of water and its drainage from higher ground and rain. It does not relate to the drainage of water captured by the roof. 8. U Ltd worked solely on the drainage in relation to capture of water on the roof. The earlie...

2. HT v Q Ltd [2024] NZDT 337 (7 May 2024) [pdf, 133 KB]

   ...involved in this fraud. 12. Q Ltd says it took into account all of the information submitted by HT, and made multiple reviews of its original decision to terminate the account when requested by HT. It says however that each time it reviewed the matter the original decision to terminate HT’s account was confirmed. 13. HT’s claim is that he has not been listened to by Q Ltd, and that Q Ltd has breached its contract with him by terminating his agreement. In contrast Q Ltd’s rep...

3. LW v N Ltd [2024] NZDT 352 (13 May 2024) [pdf, 133 KB]

   ...would not consider LW’s application without one. LW requested again that N Ltd apply for an ‘exception’ to the rules. N Ltd advised him that this is not possible and refunded LW $4,057.00, retaining $943.00 for the time that it had spent on the matter. 6. LW now claims a refund of the $943.00, as his view is that he had hired N Ltd for the specific purpose of applying for an exception and it has not done this. The issue to be resolved is what is a fair outcome for both parties?...

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

   ...Tribunal that when the problem became known SG considered it was the designer’s error and confirmed this is in a text to him. BS states it was not until many months later that SG alleged S Ltd was also at fault. BS states that if SG had discussed the matter at the time the problem became known it could have been resolved at a much cheaper option (cutting the slab back to boundary) than option which SG took (revising the boundary). 10. SG when arriving home from work one afternoon saw...

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

   ...acceptable quality (ss 6 and 7 CGA). The term acceptable quality includes being fit for purpose and free from minor defects. The test is based on the expectations of a reasonable CI0301_CIV_DCDT_Order Page 2 of 3 consumer having regard to matters such as the nature and price of the goods and any relevant statements made. 9. Where a guarantee is breached, the consumer must give the supplier an opportunity to remedy, provided it is capable of being remedied and is not substantial...

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

   ...reasons including: a. SB’s evidence confirms he shopped at [the supermarket] that day and I accept he was legitimately able to park within the carpark. The more contentious point however is whether SB left the carpark (i.e., to attend to other matters). This is denied by SB but is the basis XQ Limited issued its infringement notice. I acknowledge the differing view of each party, but there is insufficient evidence for me to reach a decisive conclusion. While not the point of SB’s...

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

   ...rent to allow time to find a new flatmate but not the 6th week. KN says she must pay all the rent until a new flatmate is found. This is why the $120 was deducted from the bond amount before it was returned to BG. 3. Having been unable to resolve matters directly, BG referred the dispute to debt collection. They apparently prepared the claim in the Tribunal which is for $320.85. BG says this is $120 for the rent and the remaining $200.85 are costs she will have to pay to the debt collec...

8. XX v ND [2024] NZDT 749 (16 November 2024) [pdf, 100 KB]

   ...remaining debt to XX. 2. XX later became aware ND had transferred ownership of the Car out of her name and into the name of a third party, suggesting it had been sold. XX initially claimed ND still owed her $1,300.00, but during hearing of this matter, XX reduced her claim to $850.00. 3. ND initially denied the claim in full, but during the hearing process he conceded he may have mistaken repayment figures and may still owe $250.00. 4. This matter was heard before me on Wednesda...

9. BU & SI v UQ & CQ [2024] NZDT 811 (20 December 2024) [pdf, 99 KB]

   ...property was represented as having a ducted central heating system which it did, and it was functional. No representations were made about the effectiveness of the central heating system. Whether the unit sufficiently heated the lounge is a subjective matter. UQ found it to be sufficient and did not need to take any further steps to heat the area. But equally, I accept that UQ has found the heating source to be insufficient and had to add a further gas heater. 17. At the time of sale,...

10. NE v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 200 (2 December 2024) [pdf, 149 KB]

    ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. 3 [9] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a rad...