Search Results

1. ET v EF Ltd [2023] NZDT 567 (26 November 2023) [pdf, 179 KB]

   ...their obligations under the contract. In order to make a successful claim for breach of contract the applicant must prove that a term of the contract has been broken and that there is financial loss suffered as a result of that breach. 9. In this matter an estimate of costs was provided by EF Ltd and the scope of works was for a standard plan for engineering was to be provided. A dispute arose when ET made modifications to the roof line structure, that was not present in the first bri...

2. BS v X Ltd [2024] NZDT 70 (27 February 2024) [pdf, 201 KB]

   ...ACC. Any type of treatment injury, howsoever caused, is also covered by ACC. 14. This is confirmed on ACC’s website www.acc.co.nz. The following statement can be found on the page “Injuries we cover”: No fault cover means it doesn’t matter what you were doing when you were injured or who was at fault. We’ll cover you, as long as the injury falls within our legislation. 15. Cover is provided to victims of common assault,4 domestic violence,5 and sexual assault.6 Lump su...

3. Ambridge v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 43 [pdf, 153 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. [12] 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 radical c...

4. LN v K Ltd & EU [2023] NZDT 136 (6 June 2023) [pdf, 183 KB]

   ...passing or LN has misjudged the position of the truck when passing. The damage indicates a low speed collision. 9. The facts in dispute are whether EU had his right hand indicator on, whether EU reversed and whether LN was speeding. 10. On these matters I find EU most likely had his hazard lights on because he agreed this in a recorded audio call that was played to the Tribunal and the noise of hazard lights is likely the same as indicators. I am unable to make a finding as to whet...

5. LN v IQ Ltd [2024] NZDT 11 (25 February 2024) [pdf, 189 KB]

   ...an agent acting on behalf of LN? (b) Did IQ Ltd act in breach of the contract? (c) What damages, if any is LN entitled to? Was IQ Ltd an agent acting on behalf of LN? 6. Clause 2 of the agreement states that IQ Ltd acts as agent on all matters which enables it to make decisions regarding the tenancy on behalf of LN. Did LN breach of the contract? Organised for four adults and two children to tenant the property 7. The Tenancy Registration Form was filled in by the p...

6. KM and MM v IO Ltd and LC Ltd [2020] NZDT 1408 (15 May 2020) [pdf, 217 KB]

   ...between the two entities was a contracting one, not an employer/employee relationship. IO Ltd bears no liability separately as it made no mistake or error, let alone one that would constitute negligence. IO Ltd therefore has no liability in this matter and the claim against it is dismissed. What are the reasonable losses suffered by KM and MM as a result of any negligence on the part of LC? 8. As the tree was not cut down, rather extensively pruned, it has not suffered irrevers...

7. NN v MF [2020] NZDT 1332 (18 June 2020) [pdf, 203 KB]

   ...Mr N produced a script that he stated was used by him at the time he signed up Ms F, it was disputed by Ms F that she was advised in her conversation about the notice period. In the absence of a recording, I was unable to make a finding about the matter. (c) Mr N stayed online, when he was signing up Ms F, and talked her through the process. To complete the contract, Ms F was to tick a box confirming agreement to terms and conditions. As this occurred whilst Mr N was taking her throu...

8. ES & TS v HT & KT [2024] NZDT 257 (2 April 2024) [pdf, 188 KB]

   ...settlement did not occur on 3 November because their purchaser did not settle. HT and KT dispute the amount claimed is reasonable because ES and TS had other options available on the day and as well they requested ES and TS’s solicitor to get the matter tidied in the settlement documents. 2. The issues I must decide are: a. Are ES and TS entitled to claim costs after the settlement? b. Did ES and TS mitigate their loss? c. Is the amount claimed reasonable? Are ES and T...

9. KM v IA & KA [2023] NZDT 787 (1 December 2023) [pdf, 184 KB]

   ...double-check the account number when requested. At the very least, the IA and KA placed undue trust in their friend, and improperly disposed of the cash to him knowing that he had not transferred funds to the requested account number. It does not matter whether they profited at all from the transaction, since this is not a necessary element of the claim for money had and received. I conclude that KM is entitled to recover her money from them. 11. I have dismissed the claim against the co...

10. AS v YC Ltd [2022] NZDT 75 (9 June 2022) [pdf, 239 KB]

    ...shaking caused the cracking. NC concluded his report by stating the damage was consistent with the event described. 4. B settled the claim with AS and then entered into discussions with E, insurer for F Plumbing Ltd, to recover losses. As the matter could not be resolved, AS filed in the Disputes Tribunal against YC and F Plumbing Ltd. 5. The issues for the Tribunal to determine are whether damage was caused by F Plumbing Ltd, whether F Plumbing are liable for the losses incurred,...