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1. B Ltd v OQ [2024] NZDT 107 (11 January 2024) [pdf, 92 KB]

   ...[11] Thus, although I accept that B Ltd did the work for which it claims, I consider it is not entitled to payment from OQ, and the claim is dismissed. Referee: C Hawes Date: 11 January 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 reh...

2. MT v EB [2023] NZDT 508 (1 November 2023) [pdf, 239 KB]

   ...“we'll notify you that your bid has been successful, and you should promptly pay the purchase price (plus any agreed shipping) and complete the transaction in the manner specified in the listing”. 10. Parties who use the [online] platform agree as part of their membership to abide by the [online] terms and conditions. I find it is an expressed term of contacts conducted through that platform that the purchaser must pay for the goods before they are delivered. 11. I agree...

3. KM & MM v WN & DN [2024] NZDT 577 (5 July 2024) [pdf, 188 KB]

   ...speculation primarily reliant on an unidentified realtor’s purported comment that it might to do so. Referee: G.M. Taylor Date: 5 July 2024 1 Bank of New Zealand v Greenwood [1984] 1NZLR 525 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. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...hearing – for the claim to be adjourned as to quantum, until the repair work was complete and the final actual quantum figure, known. I would almost certainly have adjourned the claim prior to the commencement of the hearing, had the Claimants requested an adjournment, on the basis of undertaking the repair work. I would almost certainly have adjourned the hearing, had any of the Respondents requested that, once it became known on day one, that repair work was underway. I would...

5. UQD Ltd v KN [2020] NZDT 1415 (30 September 2020) [pdf, 225 KB]

   ...similar age van with the additional components of LPG, campervan fitout and towbar (or even one of these things except for perhaps a towbar). For the fuel system to be LPG rather than petrol is pertinent because NH explains that he had intended to perform a hydrogen conversion on the vehicle which can be done from LPG but not from a petrol fuel system. He also preferred the fuel efficiency of LPG. 10. This means that the most straight-forward and cost-effective way for UQD Ltd to be r...

6. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

   ...with reasonable care and skill, it a tradesman-like manner and to a tradesman’s standard. 16. As this was a “cash” job, there is no contract documentation of the scope of work, the price or the terms, except for the roof, therefore the information available to the Tribunal is limited and much of it is in dispute. The burden of proof is on the Applicants. 17. There is extensive evidence that the workmanship was defective, with overspray and paint drips on many interior and ex...

7. Puriri v The Church of Jesus Christ of Latter-Day Saints Trust Board [2025] NZHRRT 43 [pdf, 261 KB]

   ...evidence was that he had not applied for any loan. Hence the Kiwibank email is not evidence he was being refused bank finance on the basis of the covenants. [57] Mr Coward says that during his time as Project Director he was not aware of any request for an exemption to the Owner-Occupier covenant (and all such requests would have come to him). We accept his evidence that he is not aware this (or any other covenant) was an obstacle to obtaining finance. [58] For these reasons...

8. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

   ...advised Mr Steele by telephone that his WAC membership was revoked. Later that day, Mr Steele met Mr Mullins and another WAC manager, Mr Scott Linklater, at the WAC. His membership was terminated at this meeting. [8] Mr Steele subsequently made a request to the WAC under the Privacy Act 1993 for a copy of the incident report. [9] On 4 July 2016, Mr Steele complained to the HRC alleging sexual harassment and naming the WAC as the respondent to his complaint. The HRC did not accept th...

9. Statement of Defence [docx, 37 KB]

   ...statement of claim (unless a particular allegation affects another defendant but not you). You must address each allegation with a full and substantial answer, including particulars of time, place, names of persons, and any other details necessary to inform the Court and the other parties of your defence. If you do not deny a particular allegation, it will be treated as being admitted. The statement of defence must be filed in the District Court in which the plaintiff filed their statement of...

10. Interest on civil debt

    The Interest on Money Claims Act 2016 has changed the process for being awarded interest by the court and claiming interest on a judgment debt from 1 January 2018. Only cases commenced from 1 January 2018 can be awarded interest under the new Act. If you started your case in the District Court before 1 January 2018, sections 62B and 65A of the District Courts Act 1947 will still apply If you started your case in the High Court before 1 January 2018, the old section of the Judicature Act 1908, s

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