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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. KT & SG v D Ltd [2025] NZDT 139 (23 March 2025) [pdf, 196 KB]

   ...up into the oil pick up for engine and blocked it, this causing engine oil pressure to fail and ending with crankshaft damage. 7. SG and KT said [Auto Shop] told them the pellets looked like animal pellets or wood chips/pellets as they were uniformly sized. None of these items have been tested to identify their composition. 8. SG and KT claim $11,368.81 from D Ltd on the basis that the oil pick up was blocked by material introduced into the oil reservoir when D Ltd carried out the oi...

9. 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...

10. 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...