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1. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...to the paintwork? (b) If so, what loss can SX show she has incurred that her insurer is entitled to be indemnified for? Did M Ltd breach its duty of care by water blasting close to SX’s vehicle and cause damage to the paintwork? 3. The law of negligence provides that a duty of care exits in situations where a person can reasonably foresee that as a consequence of their action that someone else’s property may be damaged. In this case, SX considered M Ltd breached its duty of...

2. HL v UED Ltd [2022] NZDT 113 (7 August 2022) [pdf, 101 KB]

   ...contract? b. Is UED Ltd liable to pay HL any of the amount claimed? Who were the parties to the contract? 5. Contracts must be determined objectively. The parties to the contract are those named or otherwise indicated in the contract. Under the law of agency, a person is bound by a contract entered into in its name by another person if it has given actual or apparent authority to that person to act on its behalf. 6. UED Ltd trades as UED Ltd. It employs staff and provides routi...

3. MOJ0601-Lawyers-working-with-children-Tongan.pdf [pdf, 358 KB]

   ‘E lava ‘e he fakamaaú ‘o fili ha loea tu‘u tau‘atāina ‘oku ngāue ‘i he tafa‘aki ki he fāmilí, ki ho‘o hopo ‘i he fakamaau‘angá, ‘oku ui ko e ‘Loea ma‘á e Tamá‘ (Lawyer for Child). ‘Oku tokoni ‘a e loea ko ‘ení ki he fakamaaú ke ne mahino‘i ‘a e ngaahi fakakaukau ‘a e tama ko iá mo fakafetu‘utaki atu ‘a e ngaahi me‘a ‘oku kaunga lelei taha ki aí. Kau loea ‘oku nau ngāue mo e fānaú Me‘a ‘oku fakahoko ‘e he loe�

4. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

   ...different from that which was originally agreed. When a contract is frustrated, sums payable under the contract cease to be payable and sums already paid (including non-refundable deposits/payments) are recoverable (section 61 Contract and Commercial Law Act 2017). The frustration automatically ends the contract. 5. The parties agree that the remaining lessons for term 3 were cancelled by TT following the announcement of the Covid-19 pandemic Government imposed lockdown. T had no...

5. UN v DE Ltd [2021] NZDT 1546 (2 September 2021) [pdf, 211 KB]

   ...laying of the concrete patio? [3] Section 28 of the Consumer Guarantees Act 1993 (“CGA”) provides that where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill. This is the law of negligence codified. The Tribunal asks what reasonable care and skill requires in the circumstances. The standard of care is that of an ordinary competent supplier supplying a service. If a special skill is involved, the supplier is li...

6. [2022] NZACC 115–Fulton v ACC (15 June 2022) [pdf, 170 KB]

   ...against Ms Koloni, which would mitigate any prejudice to him. However, Mr Gee noted 3 that the delay in filing the appeal was short and it did not cause any prejudice to the Corporation, and so it would abide the Court’s decision. Relevant law [9] 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 re...

7. L Ltd v T Ltd [2023] NZDT 603 (13 October 2023) [pdf, 204 KB]

   ...charged to T Ltd are due to a markup. T Ltd says no markup should be applied. There was no contractual document setting out the terms of the relationship. However, a binding contract can be formed even when it is not recorded in writing. 9. The law of contract requires that people should keep promises that they legitimately agree to. This has led to the following characteristics of a contract being identified: a. there needs to be clear communication between the parties of an of...

8. EB v U Ltd [2023] NZDT 77 (21 February 2023) [pdf, 203 KB]

   ...there was a variation to the original contract; the contract had initially contemplated parallel boards, but it was subsequently agreed that breaker boards would be used. The disputed point is whether EB must pay extra for the breaker boards. The law [8] As the contract was for more than $30,000.00, it was required under the Building Act 2004 to be in writing. Neither party provided a copy of the contract to me. TU and OU said that there was no provision in it that required variati...

9. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2011] NZWHT Auckland 17 [pdf, 87 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-101-000012 [2011] NZWHT AUCKLAND 17 BETWEEN DAVID LINDSAY CAMERON, BRENDA MURIEL CAMERON and GEOFFREY HEWIT MYLES as Trustees of the NORMAC TRUST Claimants AND DAVID LAWRENCE STEVENSON First Respondent AND CHRISTOPHER JOHN CHOTE Second Respondent AND BMW PLUMBING LIMITED Third Respondent AND CARTER HOLT HARVEY LIMITED (Removed) Fourth Respondent AND BRIAN MUSSON (Removed) Fifth Respond

10. [2015] NZSSAA 002 (13 February 2015) [pdf, 37 KB]

    ...the criteria of s 86(9A) must therefore be limited.1 [20] The considerations to be taken into account in exercising the discretion include the Chief Executive’s obligations under the Public Finance Act 1989, to make only payments authorised by law, and under the State Sector Act 1988, for the economic and efficient running of the Ministry. The context of the Social Security Act 1964 and the impact of recovery on the debtor and his or her dependents are also relevant. [21] The ci...