Search Results

1. LQ v Q Ltd [2024] NZDT 648 (25 October 2024) [pdf, 181 KB]

   ...parking is allowed, so there is no way it can be understood as an offer to allow parking in return for a promise to pay $95.00. The sign is merely a warning sign. 6. Although there is no contractual basis for the fee, damages may be payable under the law of trespass. It is a trespass to park a vehicle on private property without authority, and LQ admitted that he was not entitled to park there. Where there has been wrongful use of land but no evidence of actual damage, damages are measur...

2. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...compensation, and if so what is a reasonable sum? Has XQ Limited provided services with reasonable care and skill? 5. Contracts can include both express terms agreed between parties, and terms which may be implied into a contract. Terms implied by law include those under the Consumer Guarantees Act 1993 (“CGA”). The CGA implies a set of minimum standards (guarantees) into contracts where goods and services are supplied in trade to consumers. Relevant here is section 28 CGA wh...

3. Form-1-Residence-Appeal.pdf [pdf, 333 KB]

   ...address or your email address. The Tribunal will rely on the last address you gave, to contact you about the appeal. Step 3. Your representative’s details If you do not have a representative, you do not need to complete this step. Note: Only a lawyer, licensed immigration adviser, or a licence-exempt person can act as a representative. See the types of licence-exempt person below. Representative’s name: Title: Mr Mrs Ms Miss Mx Dr  Other (Specify)

4. BG v KN [2024] NZDT 691 (4 November 2024) [pdf, 136 KB]

   ...is looked at objectively, which means by looking at what was said and done. Contracts can have implied terms if those terms are so obviously required that it is not needed to be discussed, or if it is necessary to make the contract work, or if the law would require the implied term for other reasons. CI0301_CIV_DCDT_Order Page 2 of 4 6. Many flatmates have written agreements between them to avoid disputes like this arising. That is a good approach. Here, there is no written...

5. Haliday v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 187 (21 November 2024) [pdf, 148 KB]

   ...the appeal was filed late because, when he filed his appeal (in time), he made a mistake in the email address of the Registry. [4] On 19 November 2024, Mr Cole for the Corporation advised that it 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...

6. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

   ...someone for that work. While he should not have to pay for it twice, those costs were required to bring the damaged vehicle back to a roadworthy standard. 18. ND also claimed $1,500.00 legal fees. He said when the dispute arose he went to his lawyer after he was unable to get any response from X Ltd. His lawyers wrote two letters to X Ltd, before suggesting that ND bring a claim in the Disputes Tribunal. 19. Consequential losses must be caused by the breach, be reasonable, and be...

7. Smith v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 1 (6 January 2025) [pdf, 148 KB]

   ...expected. [4] On 18 December 2024, Ms Becroft, for the Corporation submitted that, given the minor delay in filing this appeal, the Corporation did not consider that it had been prejudiced and had no objection to 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 receive...

8. Jones v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 29 (20 February 2025) [pdf, 149 KB]

   ...the Corporation noted that the delay was at the lower end of the scale and appeared to have been due in part to the Christmas shut-down period, and submitted that the Corporation did not oppose leave being granted for the late filing. 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 receiv...

9. Chandler v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 30 (20 February 2025) [pdf, 147 KB]

   ...2025 and there were delays in getting Mr Chandler to sign the Authority to Act form for Ms Chandler. [4] On 18 February 2025, Mr Castle for the Corporation submitted that the Corporation did not oppose leave to appeal 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...

10. TN v KM [2024] NZDT 696 (29 November 2024) [pdf, 187 KB]

    ...the later 9-10 months of the boarding relationship. Prior to this, TN says KM kept his room clean and also contributed to cleaning the shared areas, such as the bathroom. He says the problems started when a lock was fitted to KM’s room. 4. The law of negligence requires a party to take reasonable care not to cause damage to other person’s property. A breach of this duty does not require proof that the party meant to cause damage – it only requires proof that the party did not tak...