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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 292 APPLICANT BN RESPONDENT D Ltd The Tribunal orders: The claim is dismissed. Reasons Introduction 1. In October 2023, BN purchased a horse ([the horse]) from D Ltd for the purpose of developing [the horse] for himself to compete in dressage and show jumping events to a high level. 2. BN claims $24,155.06 on the basis that due to a p
...owing on the contract. 2. QS brought a claim to the Tribunal seeking a declaration of non-liability for $1,006.25, being the balance on the invoice that B Ltd said is still owing. What balance if any, is owing on the contract? 3. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. A contract is formed when both parties decide to exchange something of valu...
...the corner’ as he entered [Road 1]? b. Did NG contribute to the crash with negligent action? c. Is the amount claimed fair and reasonable? Did the crash and damage occur because CG ‘cut the corner’ as he entered [Road 1]? 5. Under the law of negligence all drivers owe other road users a duty of care and in this case, other property owners. The duty of care requires drivers to drive to the standard of a CI0301_CIV_DCDT_Order Page 2 of 4 reasonable and prudent driver. This...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 340 APPLICANT TN RESPONDENT T Ltd SECOND RESPONDENT X Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. TN bought a new phone from T Ltd through their website. The purchase price of the new phone included a trade in value for TN’s old T Ltd phone. The estimated trade in amount was $220.00. When TN sent his old ph
...a rehearing is declined, then issues of res judicata may apply to the subsequent application for Alice Merino’s removal. This will ultimately be an issue for Judge Coxhead to consider when determining the remaining applications. Te Ture The Law [9] Sara has applied for a rehearing under s 43 of Te Ture Whenua Māori Act 1993 and has done so within the prescribed timeframe of 28 days. [10] In accordance with the decision of Henare v Māori Trustee - Parengarenga 3G, a rehearin...
...MX cross into the right lane and hit LB’s car just before entering the roundabout? b) If so, is MX liable to pay the repair cost of $2,081.50? Did MX cross into the right lane and hit LB’s car just before entering the roundabout? 3. The law of negligence applies. Both MX and LB had a duty to drive carefully, obeying the road rules, and ensuring they did not damage other cars. Any person wanting to cross into another lane must ensure the lane is clear before crossing into the la...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 276 APPLICANT OQ APPLICANT TT RESPONDENT N Ltd The Tribunal orders: N Ltd is to pay OQ $1,050.90 on or before 7 June 2024. Reason 1. In April 2024, OQ booked return flights to [international city] for her mother through N Ltd. The first flight departed from [NZ city] on 29 October 2023 at the scheduled time. However,
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 381 APPLICANT BC RESPONDENT ST Ltd The Tribunal orders: ST Ltd is to pay $4472.08 to BC on or before 30 May 2024. Reasons 1. BC engaged ST Ltd to work on her bathroom renovation. The parties agreed $3000 would be paid for the plumbing work, $1400 for gibbing and $1400 for waterproofing. Handwritten receipts were signed for p
...are things that are so obvious they go without saying but if asked, both parties would say “of course that is part of the contract”, or they may be implied because of the fact situation, or they are necessary to make the contract work, or if the law requires the implied term for other reasons. 6. Both parties agree that there was no discussion about keys during the sale process. There is no reference to keys at all in any of the sales or advertising material which was provided to th...
...under CCCFA s 30(1) since the creditor has not proven that it incurred any expenses in connection with the contract and the cancellation of the contract. Are any damages payable? 10. Damages for time and stress are generally not awarded in contract law. Also, the consumer cannot recover damages for his time and stress in dealing with the dispute, since s 43 of the Disputes Tribunals Act 1988 provides that, with very limited exceptions that do not apply here, costs shall not be awarded...