18392 items matching your search terms
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 485 APPLICANT EI APPLICANT MQ RESPONDENT M Ltd The Tribunal orders: 1. M Ltd is to pay EI and MQ $6,000.00 on or before 19 July 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. EI and MQ purchased a [Queen mattress], split queen base, a mattress protector, [brand] silk pillow including delivery and installat
CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 435 APPLICANT MI and ZM RESPONDENT B Ltd T/a GB The Tribunal orders: B Ltd is to pay $874.54 to MI and ZM on or before 10 July 2024. Reasons 1. In mid-February 2020 ZM’s family booked flights with GB via a travel agent for her mother and father to fly [City 1] - [International destination] return in September 2020. Due t
...duty of care by passing BW in an intersection? (b) If so, what reasonably foreseeable loss can BW show he has incurred that his insurer is entitled to be compensated for? Did TC breach his duty of care by passing BW in an intersection? 4. The law of negligence imposes a duty on all road users to operate their vehicle so that they do not cause damage to others. The Road User Rules provide for the standard of care required of a reasonable driver. The Land Transport (Road User) Rul...
...ahead if it stops suddenly. Rule 5.9(4) (on following distances) of the LTR prescribes following distances when travelling behind another vehicle. It is clear therefore that AQ was not driving at a safe distance. It does not make any difference at law whether [car 1] braked suddenly (which AQ and MQ maintain), or not, AQ was still negligent. 9. The photographs of the damage to [car 1] shows damage on the left rear through to the left wheel. The photographs of the damage to [car 2] sho...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 366 APPLICANT EM RESPONDENT EI Ltd The Tribunal orders: The claim is dismissed. [1] EM signed up for a [diving course] with EI Ltd, represented by managing director SD. For various reasons, EM was unable to complete the course. He claims a refund from EI Ltd of the price that he paid. [2] The documents provided showed that EM signed a docum
...entitled to payment of $776.00 from UC? Did DM have the authority to act as the agent for UC in her dealings with the Motel regarding accommodation for the nights of 6 and 7 October 2023? CI0301_CIV_DCDT_Order Page 2 of 4 6. Under the law of agency, a person (referred to as the principal) is bound by the action of its agent. An agent can be someone who is actually authorised by the principal to act on its behalf. But an agent is also someone who the principal has allowed to...
...Mr SK’s evidence is that AE were instructed by their client to support him whilst he regained possession of the building. He says they were told the job would not take long and would be peaceful. He says he was assured their actions would be lawful and was shown papers by the client to support that. The client is a lawyer with a policing background therefore he felt he should trust him. [24] Mr SK says (summarised): [a] At all times they were only following their client’s i...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 282 APPLICANT BL RESPONDENT CD (NZ) Ltd The Tribunal orders: The claim is dismissed. Reasons [1] BL wanted to find a serviced apartment for himself and his family for a proposed visit to [International City]. He entered a “CD” website, and went through the process of booking an apartment, for which he paid NZ$17,000.00. Subsequently,
...COC? b. Did EH check/ contact MG and FG about the COC? If not, why not? c. Is EH entitled to claim $30,000.00? Did MG and FG knowingly sell the property to EH without the required building consent and or COC? 5. The general principles of the law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract...
...although lodged only on 17 August 2024 [4] On 23 September 2024, Mr Castle, for the Corporation, submitted that there is no prejudice to the Corporation caused by the late filing and the Corporation did not oppose leave being granted. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received...