Search Results

1. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 KB]

   ...and the shutting of the doors. I agree with the BK and BH’s comment that the situation is different from a malfunction that happens after take-off. 22. The BK and BH say that FF are seeking to deny liability in particular under the fair trading laws. There is no evidence that FF misled or deceived the BK and BH. I note that FF staff told them when they were on board that they had been unable to repair the malfunction. It is possible they were trying to repair it until boarding....

2. DF v U Ltd [2023] NZDT 235 (19 May 2023) [pdf, 190 KB]

   ...and evidence presented. Has DF proved that he suffered a sudden and accidental loss of the [vehicle] and that the loss is covered by his insurance policy? If so, has U Ltd proved that it is entitled to decline DF’s insurance claim? 9. The law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other unless there is a legal basis for a party to avoid the contract or seek re...

3. [2010] NZEmpC 86 Gwilt v Briggs & Stratton NZ Ltd [pdf, 41 KB]

   ...It is not, of course, every change in circumstances which will cause the offer to lapse, that is, make it no longer open for acceptance. A rule as wide as that would be productive of great uncertainty for offerees and, indeed, for offerors. Case law, as Tipping J demonstrates, has always required a change which an objective observer will see as very considerable in its consequences for the offeror. [4] We are of the view that, in the absence of an express term in the offer, the level...

4. A Q v Mudaliar [2015] NZIACDT 76 (23 June 2015) [pdf, 185 KB]

   ...lodged an application for a work visa when the complainant’s current visa was about to expire. If Immigration New Zealand had accepted the application as successfully lodged, the complainant would not have lost his status of being in New Zealand lawfully while Immigration New Zealand considered the application. [1.3] However, Immigration New Zealand did not accept the lodgement; as a result, the complainant was in New Zealand unlawfully when his visa expired. There were two reasons fo...

5. [2020] NZEnvC 108 Terra NZ Group Limited v Auckland Council [pdf, 406 KB]

   ...Appellant's claim for costs [14] The Appellant now seeks costs in respect of legal costs and the filing fee on its appeal, totalling $23,208.58. [15] The Appellant's claim is based on two grounds: (a) That the abatement notice was issued unlawfully; and (b) That the Appellant had advised the Council about this before the abatement notices were issued and so they were unnecessary. [16] On the ground of unlawfulness, the Appellant submits that the abatement notice was er...

6. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...by a wide range of factors that K Ltd could not foresee. 2 Section 32(c) CGA CI0301_CIV_DCDT_Order Page 5 of 6 NH and FN made their own decision to seek legal advice. d. Damages for stress and inconvenience are recoverable at law, particularly if the provision of enjoyment is the purpose, or part of the purpose, of the contract3. Courts are generally more reluctant to award compensation for stress and inconvenience if the contract is commercial in nature. In thi...

7. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...SUPPRESSION ORDER DECISION Dated 12 May 2020 REPRESENTATION: Registrar: Self-represented Complainant: Self-represented Adviser: S Laurent, counsel 2 PRELIMINARY [1] Mr UO, the complainant, was in New Zealand unlawfully. He and his wife instructed Ms Elena Nukulasi, the adviser, who advised him to apply for a discretionary visa. She did not make the application until more than one year after being instructed and even then, she sent it to the...

8. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

   ...order any party to proceedings before it to pay to any other party the costs and expenses (including witness expenses) incurred by the other party that the court considers reasonable. [12] A body of general principles has developed through the case law and two of the fundamental principles are that: there is no general rule that costs should follow the event (even if a party is successful) ; and costs are not to be awarded as a penalty but Final Reply by the Council , daled 20 Oclob...

9. [2021] NZACC 117 – Bell v ACC (3 August 2021) [pdf, 288 KB]

   ...is granted for the appellant’s treatment injury. [67] Should there be any issue as to costs, counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: ACC and Employment Law, Auckland for the appellant Ford Sumner, Solicitors, Wellington for the respondent

10. KA v L Ltd [2024] NZDT 126 (30 January 2024) [pdf, 208 KB]

    ...$1,885.00 costs. 2. Both parties attended the hearing. L Ltd was represented by Mr and Mrs N. KA was supported by her husband Mr A. 3. KA alleges fraud and collusion between L Ltd and her tenant, and breach of her rights as a consumer. The laws of contract and tort, the Consumer Guarantees Act 1993, and the Fair Trading Act 1998 all potentially apply. L Ltd’s claim is based in contract. Background 4. On 4 April 2023, the Tenancy Tribunal ordered KA to carry out repairs at he...