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1. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...and therefore the remedy of cancelling the contract and obtaining a refund is not available to MN. 6. However, there is relief available for a buyer of goods in a private sale when a misrepresentation is made in the process of the contract being formed. In that case, a buyer who has purchased in reliance on that misrepresentation may have a remedy under section 35 of the CCLA. That section provides that when someone has been induced to enter a contract by a misrepresentation, whether...

2. TX v BT [2023] NZDT 401 (7 July 2023). [pdf, 211 KB]

   ...However, as the Tribunal’s jurisdiction is limited to $30,000.00, I find that this is the amount that the respondent should pay the applicant. Referee: K. Armstrong Date: 7 July 2023 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 reh...

3. QG v EK [2024] NZDT 737 (13 September 2024) [pdf, 177 KB]

   ...evidence to the contrary, I accept QG’s account of the agreements reached and what occurred subsequently, as set out in paragraphs one to three above. So, I find that she is entitled to the sum claimed as EK has breached the contract by failing to perform his contractual obligations, with QG receiving nothing in return for the payments she made to EK for the bathroom fit out and the tiles. 8. I also find that EK has engaged in misleading and deceptive conduct in trade, contrary to...

4. HT v K Ltd [2024] NZDT 616 (6 September 2024) [pdf, 100 KB]

   ...original hearing in the Tribunal, in accordance with the Order of the Disputes Tribunal dated 22 March 2024. No further payment is therefore required. Referee: DTR Edwards Date: 6 September 2024 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...

5. MQ v N Inc [2024] NZDT 526 (26 July 2024) [pdf, 207 KB]

   ...Inc liable to refund the $50.00 staff costs and $150.00 venue hire because they closed the bar earlier than agreed? 6. MQ claims she is entitled to a refund of the bond because the bar staff closed the bar earlier than agreed and she was not informed prior. N Inc say that they encountered repeated instances of people drinking in the carpark, and evidence of people drinking alcohol not purchased in the venue in the toilets, activity which was a breach of the terms and conditions of hi...

6. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [pdf, 210 KB]

   ...of that process, and the Committee’s subsequent resumption of its process in April 2019. The Committee’s decision records that in the meantime: On 24 August 2018, Judge VH released a copy of the 23 November 2017 letter following an earlier request by [the Committee]. Mr TN did not take the opportunity offered by the Committee to file further submissions after the own motion inquiry resumed, and the decision recording that there had been unsatisfactory conduct on his part was is...

7. Binning & Anor [2011] NZWHT Auckland 34 [pdf, 82 KB]

   1 [2011] NZWHT AUCKLAND 34 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6540: RACHEL ELIZABETH BINNING AND ANGUS PETER WOOD ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL Introduction [1] Rachel Binning and Angus Wood are the owners of a leaky home situated at 10 Raumati Terrace, Khandallah. The origina...

8. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING at Wellington on 7 & 9 November 2012 APPEARANCES/COUNSEL Mr J Miller for appellant Mr P McBride for respondent DECISION Introduction [1] The appeal is brought as a form of class or representative action under the aegis of the named appellant and 20 other appellants in respect of retrospective claims for backdated attendant care payments under the 1972 and 1982 Acts. [2] At the Authority’s direct...

9. NX v B Association Ltd & JE [2023] NZDT 433 (15 August 2023) [pdf, 192 KB]

   ...misrepresentation, which provides a remedy for a buyer if a seller makes a misrepresentation about an item being sold. 6. A misrepresentation is: a statement of fact; made by one contracting party to another; before or at the time the contract is formed; that the purchaser relies on in entering into the contract; and which proves to be wrong. If a misrepresentation is proved, the purchaser is entitled to a remedy, whether the misrepresentation was made innocently or deliberately.

10. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

    ...regarding every such claim. I decline to make an order for stress in this situation. 22. Taken together, that means that X Ltd must pay ND $3,081.75. Referee: Souness - DTR Date: 12 September 2024 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 reh...