Search Results

1. KOK Ltd v MXL Ltd [2020] NZDT 1503 (31 August 2020) [pdf, 127 KB]

   ...Does MXL owe the cleaning and remedial costs? 23. The terms of the Lease are incorporated in the UO/MXL assignment. Under clause 4 of the second schedule of the UO/MXL assignment, the assignee (MXL) agrees with the landlord (KOK) that it will perform all the provisions of the Lease for the date of the assignment. 24. Clause 8.1 of the Lease requires the sub tenant (MXL) to maintain and keep maintained the interior of the premises and at the end of the lease leave the premises in the...

2. L Ltd v I Ltd [2023] NZDT 197 (19 May 2023) [pdf, 172 KB]

   ...due to the urgency with which L Ltd wanted the job to be booked and undertaken – either party could CI0301_CIV_DCDT_Order Page 2 of 3 have waited until access to the site was available to determine whether or not the contract could be performed. As I do not regard the 50% part-payment as a deposit, and because a deposit is usually in the vicinity of 10% of the contract price, I consider a 10% deposit equivalent a reasonable amount to be retained by I Ltd. 8. I note that L Lt...

3. JD v Accident Compensation Corporation (Mental Injury) [2023] NZACC 87 [pdf, 266 KB]

   ...31 October 2018, and referred to the injuries in the accident of 30 March 2018. The medical certificate advised: Complex case overlapping with sensitive claim issues – both contributing to inability to work at the present time. Case Manager requesting ARC18 certificate for concussion to compliment those issued for S. claim as both conditions are playing a part. [25] On 11 October 2018, the Corporation wrote to the appellant advising that it would investigate an entitlement to...

4. KT Ltd v TL [2024] NZDT 766 (19 November 2024) [pdf, 85 KB]

   ...against TL only, even if it might also have a valid claim against his ex-wife. 5. Since the debt is admitted, an order is made for payment of the debt. Referee: E Paton-Simpson Date: 19 November 2024 Page 2 of 2 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...

5. JA v KQ & BT [2021] NZDT 1355 (20 January 2021) [pdf, 190 KB]

   ...communication with either of the directors in which they may even potentially be caught by the provisions of section 43, FTA. The claim is therefore struck out. Referee: Date: 20 January 2021 CI0301_CIV_DCDT_Order Page 2 of 2 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...

6. DeMarco v Accident Compensation Corporation (Independence Allowance) [2024] NZACC 189 (25 November 2024) [pdf, 339 KB]

   ...accident. The letter enclosed three medical certificates and required her to take these to her GP to discuss which injuries required assessment. (e) On 10 September 2005, Ms DeMarco wrote to the Corporation advising Dr Hudson had completed two ACC554 forms and one ACC054 form forwarded on 17 January 2005. Ms De Marco confirmed her application related to her 25 March 2002 elbow injury (not referred to by Dr Hudson) and C5/6 disc injury suffered on 8 March 2004. Ms DeMarco indicated...

7. D Ltd v BE [2023] NZDT 346 (21 July 2023) [pdf, 113 KB]

   ...of $12,199.21 of the amounts invoiced. 19. While D Ltd claims contractual interest, they have provided no evidence of terms and conditions having been provided to BE or proven that BE agreed to interest on default amounts when the contract was formed. 20. Where there is no contractual rate of interest agreed, interest may be awarded by the Tribunal as per the Interest on Money Claims Act 2016. As discussed at the hearing, when a claim has been first brought some years after the cau...

8. NT & TL v X Ltd [2024] NZDT 194 (8 March 2024) [pdf, 209 KB]

   ...visible. 9. NT and TL said they had expected X Ltd to take 2-3 days to install their kitchen but when the kitchen still was not complete about 3.5 weeks after X Ltd first began work, and with their concerns about the workmanship, they decided to inform X Ltd their services were no longer required. NT sent an email on 10 September 2023 indicating their concern about the time taken for the work and offering X Ltd $1,500.00. They said they did not realise at that point that X Ltd inten...

9. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

   ...were provisional sums, meaning that the total contract price cannot be looked at (even with a margin added) and compared to what had been paid when work stopped. That approach would have been made even more difficult by the fact that there is no information/evidence on what percentage of work was complete when the dispute brought the contract to a premature end. Although TO’s Mr B has argued that the contract price should be looked at as a whole and not broken down on a per-item basis...

10. 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...