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1. MG and WJ New Zealand Ltd v DI Ltd [2021] NZDT 1358 (15 January 2021) [pdf, 224 KB]

   ...guarantee of acceptable quality. 15. For these reasons, that $595.00 part of the claim does not succeed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Date: 15 January 2021 CI0301_CIV_DCDT_Order Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

2. TJ v HH [2019] NZDT 1522 (11 July 2019) [pdf, 154 KB]

   ...Act 1988 provides that, with very limited exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. Referee: E Paton-Simpson Date: 11 July 2019 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available. If you wish to apply for a rehearing, y...

3. FX v KQ [2023] NZDT 538 (29 September 2023) [pdf, 188 KB]

   ...FX has not been able to prove her claim that KQ gave injectable treatments at the staff discount rate without her authority, FX’s claim must be dismissed. Referee: JF Tunnicliffe Date: 29 September 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

4. TO v ZY & M Ltd [2023] NZDT 276 (1 August 2023) [pdf, 201 KB]

   ...activity caused him any loss and homeowners can expect to maintain their driveway without pay. Referee: Hannan DTR Date: 1 August 2023 1 Nuisance is a tort. Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a re...

5. XX v ND [2024] NZDT 749 (16 November 2024) [pdf, 100 KB]

   ...paid the amount owing on the car in full, and was he entitled to sell it? c. Is XX entitled to $850.00 as claimed, or to any other sum? What car repayments have been made by ND to XX? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...

6. IU & TM v YZ [2022] NZDT 175 (21 September 2022) [pdf, 109 KB]

   ...of any negligence or damage to property on the part of the respondent. I therefore need to assess whether there is an agreement between the parties. CI0301_CIV_DCDT_Order Page 2 of 3 7. The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. The law of contract recognises and enforces verbal contracts, where the...

7. FH QK v WI Incorporated [2022] NZDT 192 (20 October 2022) [pdf, 237 KB]

   ...successful, which is the case here. For these reasons I find that QK is to pay WI Incorporated the cost of repairing the door he damaged being $645.64. Referee: N Gold Date: 27 October 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

8. BX v F Ltd [2024] NZDT 12 (21 February 2024) [pdf, 131 KB]

   ...filing fee, in certain limited circumstances, none of which apply in this case. For this reason, I do not find that the applicant can claim this fee. Referee: K. Armstrong Date: 21 February 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

9. ID v KT [2021] NZDT 1666 (20 October 2021) [pdf, 187 KB]

   ...the relationship. This means she did not have the intention to gift the car to KT and there was not a valid gift. Was there a valid contract for the transfer of the car? 11. A contract is a legal agreement between two parties. A contract is formed when there is an agreement between the parties, the terms are certain, there is an intention to create a legal relationship and there is consideration. In this case, any contract would be on the basis that ID would give KT the car in r...

10. L Ltd v N Ltd [2022] NZDT 247 (30 November 2022) [pdf, 236 KB]

    ...hearing took place by phone on 9 November 2022. [L Ltd.’s representative] represented L Ltd. [N Ltd.’s representative] represented N LTD. Findings 15. The relevant law is the law of contract. 16. The issues are: a) Was a contract formed? b) If so, is N Ltd in breach? c) If so, what damages is L Ltd entitled to? Was a contract formed? 17. Formation of a binding contract requires: a) Agreement between the parties on terms that are complete and certain...