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1. XM v MK & NK [2024] NZDT 559 (5 August 2024) [pdf, 99 KB]

   ...when NK was involved in the sale and did not stop the sale. That said, I accept NK did not want to sell the boat but by his actions, as a half owner, he consented to the sale of the boat. Any dispute about the distribution of the sale proceeds is a matter completely separate to the sale and XM’s rightful ownership of [Boat]. Is XM entitled to reject the boat and receive a refund of the $22,000.00 he paid for the boat? 12. Section 37 of the Contract and Commercial Law Act 2017 allow...

2. LL v KE [2024] NZDT 610 (16 July 2024) [pdf, 135 KB]

   ...Tribunal as a witness, make an appearance. The absence of a party does not prevent the hearing going ahead. 3. The issues to be resolved are: a. Were any of the following a misrepresentation? Did LL have knowledge of the true state of these matters prior to purchasing the van? i. A message from KE saying that there were ‘no rust/leaks.’ ii. A message from LL saying ‘I can pick up even now as long as there is no issue.’ iii. The photos of the van only showed parts of it....

3. BG v P Ltd [2024] NZDT 638 (2 September 2024) [pdf, 144 KB]

   ...our e-mail below, your complaint was sent to NX for comments. The complaint and NX’s response were reviewed by Council’s Deputy Registrar - Protection, Dr BH. Dr BH has decided that the Dental Council will be taking no further action on this matter, as he is of the opinion that NX followed appropriate procedures and provided appropriate care”. 14. I am not satisfied that BG has proved on the balance of probabilities (more likely than not) that the services provided and the resu...

4. T Ltd v EO [2024] NZDT 814 (20 December 2024) [pdf, 201 KB]

   ...contacting and using T Ltd’s services you accept and agree to be bound by these terms and conditions of engagement”. The terms and conditions provide for T Ltd to be paid for work completed if a client terminates the retainer before completion of a matter. T Ltd says that even if they had not been initially engaged, EO’s emails dated 27 and 29 June 2024 affirmed the contract. 10. EO disputes that he had engaged T Ltd. He says that his initial communication was exploratory in natu...

5. KG v TM [2025] NZDT 2 (22 January 2025) [pdf, 132 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 2 APPLICANT KG RESPONDENT TM APPLICANT'S INSURER (if applicable) U Ltd The Tribunal orders: TM is to pay U Ltd $7657.48 immediately. Procedural matter The original decision dated 12 November 2024 did not include the order above. There is reference to how much TM was to pay U Ltd in paragraph 9 of the decision. However, the correction is needed to include the order and as it is...

6. J Ltd v XY [2025] NZDT 31 (16 January 2025) [pdf, 98 KB]

   ...of slowing down, or something along those lines, and OE asked whether he had thought of selling. XU’s response at the time was no, but it got him thinking. When he saw OE a few weeks later, he indicated he would be interested in selling, and the matter developed from there. 13. KC has been unable to prove that his involvement was an instrumental or effective cause of the eventual sale to L Ltd. For that reason, J Ltd is not entitled to commission, and the claim must be dismissed....

7. H Ltd v K Ltd [2025] NZDT 35 (23 January 2025) [pdf, 188 KB]

   ...fares to a “flexi plus bundle” which would then attract a cost of $1,064.00 comprising of the fare difference ($324.00), fare type upgrade ($420.00) and contact centre handling fee ($320.00). 12. The Respondent states that they reviewed the matter and determined that the handing fee of $320.00 should not have been imposed and offered to refund this to the Applicant. 13. In the present case, the Applicant made a mistake. However, it was for the Applicant to take reasonable c...

8. BI v O Inc [2024] NZDT 725 (21 October 2024) [pdf, 164 KB]

   ...these ideas is “unprofessional” – it is only clear that he does not agree with it and that some statements may have conveyed stereotypes or assumptions not founded in scientific study. I also note that he draws attention only to a small number of matters and that O Inc carries out a far broader range of services. In the context of the whole, I am not satisfied that these instances mean the statement that O Inc is New Zealand’s leading professional association for [redacted] practit...

9. OT v UB [2024] NZDT 817 (11 November 2024) [pdf, 218 KB]

   ...stage, the respondent’s husband also indicated that a new door seal may be required “because when it rains, the rain comes in from the driver’s side through the roof”. 12. Neither party had any idea what it would cost to have the VTNZ matters addressed, and the respondent had no objection to the applicant to investigating that. 13. However, the applicant was very keen to purchase the vehicle and knowing some remedial expense would be involved nevertheless offered the...

10. ZM v ZT [2024] NZDT 848 (9 December 2024) [pdf, 133 KB]

    ...such as for example, not taking their shoes off inside, leaving dishes, jumping and running around, inviting friends over for a drink and not telling her. CI0301_CIV_DCDT_Order 12. The respondent submitted she made some effort to resolve matters by talking, but decided she could not live with the applicant and her family anymore. 13. Accordingly, she sent a text to the respondent on 24 July 2024, asking the respondent to leave. 14. Accordingly, in stressful circumstances,...