Search Results

1. UE & QO v CO Ltd [2023] NZDT 159 (23 March 2023) [pdf, 116 KB]

   ...$45,800.00). 10. The applicants contended that the above alleged behaviour was in breach of the Responsible Lending Code in the Credit Contracts and Consumer Finance Act, the Fair Trading Act, Bankers Code of Ethics. 11. Putting aside that some of the matters complained of are time barred as they are outside the time limits imposed by the Limitation Act 2010, I have not been satisfied on the evidence presented by the applicants that the actions of CO Ltd have sufficiently breached a...

2. PI v XU [2022] NZDT 212 (12 July 2022) [pdf, 98 KB]

   ...extent to which any party to the contract would have been able to perform it; any expenditure incurred by a party in performance of the contract; any benefit or advantage obtained by a party; any benefit or advantage obtained by a party; and any other matters the Tribunal thinks proper (S.45 CCLA). 14. There is a duty on a party who may suffer a loss, to take reasonable steps to mitigate the loss. 15. PI has claimed $9,150.00, being the difference between XU’s winning bid of $19,20...

3. QL v GT Ltd [2022] NZDT 129 (9 September 2022) [pdf, 96 KB]

   ...fraud as another business might. Although GT Ltd submitted that the 28 April email should have rung alarm bells, and QL could have rung GT Ltd to verify the email, I find that this places too high an expectation on a consumer to understand business matters. Negligence requires more than just failing to be especially shrewd. If the email had borne more resemblance to the usual spam emails consumers receive, such as being full of spelling mistakes and grammatical errors but devoid of person...

4. E v U Ltd [2021] NZDT 1689 (22 December 2021) [pdf, 213 KB]

   ...insurer only provided a paraphrase of the question he was answering, rather than supplying evidence of the actual wording of the question. I cannot, therefore, conclude that his answer was not a correct answer to the question that was asked. Also, the matter was clarified within the same session when he suggested the team ring his wife, so it would not be fair to decline the claim on this basis. 11. A further example was that the husband said he was home all day on Saturday 6 February...

5. MI v EG [2023] NZDT 194 (23 June 2023) [pdf, 188 KB]

   ...As MI turned, he collided into EG who was riding his motorcycle in the cycle lane directly outside of MI’s driveway. EG was knocked off his bike and suffered minor injuries. Both MI’s vehicle and EG’s motor bike were damaged. 2. When the matter was first called it was adjourned after hearing from the parties so that each could provide additional evidence. When the hearing resumed MI said he was unwell and asked for the hearing to be adjourned as he wished to attend in person. The...

6. NI & QI v SB [2024] NZDT 60 (14 February 2024) [pdf, 157 KB]

   ...NZTA being a refund for the cancellation of the car’s registration. The total amount came to $10,299.15 which is less than the estimated cost of repair of $10,525.56. 17. For the reasons above the amount SB must pay N Ltd is $10,299.15. Other matters 18. SB had emailed N Ltd on 11 February saying (amongst other things) that he would not be attending the hearing as the name N Ltd used for him was not correct. CI0301_CIV_DCDT_Order Page 3 of 4 19. Between 5 January...

7. MU v GB [2024] NZDT 189 (14 March 2024) [pdf, 160 KB]

   ...acquires no better title to the goods than the seller had, unless the owner of the goods is by the owner’s conduct precluded from denying the seller’s authority to sell.” 9. “Title” means “ownership”. The significant words for this matter are “unless the owner of the goods is by the owner’s conduct precluded from denying the seller’s authority to sell”. 10. GB says there was no contract formed because he did not authorise the sale. He says the [vehicle] was h...

8. Director of Human Rights Proceedings v Attorney-General (Application for Non-Publication Orders) [2017] NZHRRT 6 [pdf, 160 KB]

   ...publication of the aggrieved person’s identity is likely to lead to the identification of the step-daughter as the complainant in the sexual offending referred to earlier. [7.8] The identity of the step-daughter is protected by s 139 of the Criminal Justice Act 1985. No application having been made by her under s 139(1)(b), the prohibition on publication of the step-daughter’s name continues to apply. Discussion [8] Section 95(1) of the Human Rights Act 1993 (which applies to pro...

9. EQ v MT Ltd [2022] NZDT 45 (16 May 2022) [pdf, 109 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 45 APPLICANT EQ RESPONDENT MT Ltd The Tribunal orders: MT Ltd is to pay EQ the sum of $30,000.00 on or before 1 June 2022. Reasons: 1. In November 2021 EQ contracted to do earthworks at his property in [Town]. As part of the contract, fill taken from other sites would be delivered and used on the property. After the work

10. BD Ltd v QC Inc [2022] NZDT 162 (10 October 2022) [pdf, 132 KB]

    ...Inc for the Manager’s fee and catering services amounting to a total of $662.50 was not paid, on the basis that BB had failed to provide information and services required by QC Inc and, as a result QC Inc has incurred cost and spent time resolving matters. Since lodging this Tribunal claim, QC Inc has paid $162.50 for catering services. BD Ltd seeks payment of the $500 monthly fee. Issues 6. The issues for the Tribunal to determine are: (a) Whether BB failed to perform the Manage...