Search Results

1. IJ v K U Ltd [2020] NZDT 1549 (10 December 2020) [pdf, 202 KB]

   ...was a mistake by Council and a vacuum breaker was acceptable to [Council]. IJ provided transcripts of conversations with K & U Ltd employees to support her allegations about only being required to install a vacuum breaker. 7. IJ states the matter came to a head when she needed [Council] compliance sign off and the inspection failed. She states she had raised the issues with K & U Ltd many times and they ignored her phone calls and emails. She states many months later there were...

2. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

   ...and DC. Was there a misrepresentation or misleading conduct in the sale? 27. For completeness, I also address whether there may have been misleading conduct or a misrepresentation in the sale. However, I do not believe there is scope in this matter to extend these regimes to place liability on an agent in a private sale. 28. The Fair Trading Act 1986 (FTA) only applies to those in trade. A person does not need to be trading in a personal capacity to be considered “in trade”....

3. BT v U Ltd [2025] NZDT 15 (10 March 2025) [pdf, 215 KB]

   ...kitchen tap was leaking internally. The plumber advised BT to stop using the kitchen tap and left. 9. The relationship between BT and Mr K became strained and Mr K told BT he had blocked his number. Mr K went on to say that because BT had taken matters to court, he wouldn’t be dealing with him. Mr K did not give BT an update on what was happening with the tap replacement, therefore, BT went ahead and replaced the tap himself. On 27 September 2024, the plumber called BT to say he was...

4. BH v N Ltd [2024] NZDT 728 (18 November 2024) [pdf, 198 KB]

   ...in the bathroom, or provide a smaller door opening into the bathroom, or provide a 600mm space where the washing machine would come out to the outer CI0301_CIV_DCDT_Order Page 4 of 6 edge of the architrave. He felt that BH would be unhappy no matter which of those options N Ltd provided. 22. FX also says that in a tiny home, it is common for appliances to be smaller than might be standardly found in a traditional house. The dishwasher is 450 millimetres and the fridge is 700 mi...

5. DQ v OR & SN [2024] NZDT 879 (19 August 2024) [pdf, 261 KB]

   ...discussions, often not really covering the necessary details, before sums of money are paid from one party to another. The Tribunal is able to make an order if it is satisfied on the balance of probabilities that there is sufficient certainty about key matters, including an intention to be bound. 6. I am satisfied that DQ and SS agreed that monies DQ had paid to or on behalf of SS at various stages throughout their relationship were in the nature of a loan and due to be repaid by S...

6. KX v XM & others [2024] NZDT 869 (6 December 2024) [pdf, 166 KB]

   ...the property to KX and which entities were the developer and building contractor respectively. It became clear before the details of the claim were heard that XM (as a director of all three respondent companies) has no personal liability for these matters, and that C Ltd is not a potentially liable party. Therefore the claim is dismissed against those two respondents. 4. In addition to the pre-settlement defect list, further defects were identified by KX after he moved in and further...

7. S Ltd v MC [2025] NZDT 25 (9 April 2025) [pdf, 146 KB]

   ...failing to provide his services with reasonable care and skill? b. If so, what damages are payable? 3. At the first hearing of the claim MC confirmed that at the time of the incident he had insurance which may cover any liability he may have in this matter. At the second hearing MC confirmed he had contacted his insurer which did not wish to take part in the hearing. Did MC breach the contract by failing to provide his services with reasonable care and skill? 4. I find that it...

8. RT v Earthquake Commission & IAG New Zealand Ltd [2023] CEIT 003 [pdf, 289 KB]

   IN THE CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL CEIT-003-2023 IN THE MATTER OF CANTERBURY EARTHQUAKES INSURANCE TRIBUNAL ACT 2019 BETWEEN RT Applicant AND IAG NEW ZEALAND LIMITED (IAG) First Respondent AND TOKA TU AKE (EQC) Second Respondent Date: 5 October 2023 ___________________________________________________________________________ DECISION OF S M A MCCORMACK On th...

9. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...removal of parties.”6 This can include the early receipt and assessment of evidence. [7] In circumstances where the evidence is contentious or challenged, or a party’s veracity is in issue, the Tribunal is wary of attempting to resolve such matters in the context of a removal application. Genuinely and reasonably disputed factual issues which could impact on the success of the claim are generally not suitable for summary determination.7 [8] One of the grounds for removal adv...

10. [2024] NZREADT 18 - HH v CAC 2201 & SL (19 June 2024) [pdf, 236 KB]

    ...its procedures as it sees fit. The Tribunal may, on application, give leave for witnesses to be cross-examined and for evidence to be submitted to the Tribunal that was not provided to the Committee, if it considers it to be in the interests of justice to do so. [26] An applicant for leave to submit evidence must set out the evidence to be submitted and satisfy the Tribunal that:5 1. It is credible. 2. It could not with reasonable diligence have been provided to the Committee...