Search Results

1. 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...

2. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

   ...to the extent of rights which vest in the Official Assignee was referred to. b) What was being sought at this stage is a stay to allow the Official Assignee to make necessary decisions under the Insolvency Act. c) If need be, the defendant requested the opportunity to provide submissions on its application to dismiss that part of the fourth amended statement of claim which relates to a claim under s 123(1)(c)(i) of the Act, on the grounds that it is frivolous and vexatious. d...

3. LCRO 82/2018 ZI v WS (30 May 2019) [pdf, 242 KB]

   ...his file. However, it was ascertained that on 28 March 2013, presumably initiated 3 by a request from Mr ZI, the Lawyers Complaints Service had sent Mr ZI a copy it had of the file. It is not clear why NZLS had Mr ZI’s file, or why he had requested it at that stage, nor are those issues relevant to the matter under review.1 The issues addressed by the Committee were: (a) Did Mr WS register a Notice of Claim under s 42(1) of the Property (Relationships) Act 1976 on Mr ZI’s...

4. 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...

5. 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...

6. Beattie v Official Assignee [2021] NZHRRT 21 [pdf, 280 KB]

   ...PART ONE INTRODUCTION [1] Legislative changes [2] Open and closed documents and open and closed hearings [4] The remedy sought by Mr Beattie [9] BRIEF OVERVIEW OF RELEVANT FACTS [13] Insolvent gifts and transactions [15] THE TWO INFORMATION REQUESTS [33] The first IPP 6 request [34] The second IPP 6 request [37] Access to information and the litigation context [43] Repeat requests [52] WHETHER THE INFORMATION REQUESTED BY MR BEATTIE WAS MADE AVAILABLE [55] The online documents...

7. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...exclusion clause in the Contract? 24. The Contract contained General Conditions of Sale on the back. Above the signatures on the front of the contract, there is a passage which reads: CI0301_CIV_DCDT_Order Page 5 of 9 I certify the above information is true and correct and that I am authorised to sell/buy the Livestock. I have read and understand the GENERAL CONDITIONS OF TRADE (overleaf or attached) of Q Ltd which form a part of, and are intended to be read in conjunction wit...

8. JC v GCQ Inc [2020] NZDT 1318 (20 November 2020) [pdf, 197 KB]

   ...rent during Covid 19 is not captured here. b. That the tenant pays the landlord reasonable costs for considering a request by the tenant for the landlord’s consent to any matter contemplated by the lease. What is contemplated in this part are requests by tenant for the landlord’s consent for the usual things like assignments and subleases. This landlord in considering whether or not to give consent might require information about the assignee or subtenant but that would be at the...

9. KO v TC [2023] NZDT 713 (17 December 2023) [pdf, 175 KB]

   ...Is KO entitled to $160.00 as claimed, or to any other sum? Has TC breached the contract by not supplying goods sold to KO? 5. When individuals agree to buy and sell goods, they make a contract. Contract law generally requires parties to perform the promises they make to each other unless there is a valid legal reason not to do so. 6. I find there is insufficient evidence to prove a breach of contract. 7. KO has clearly stated that certain key items were not delivered to him....

10. AODT Court Operational Policy update 2023 v3.01. [pdf, 304 KB]

    ...Treatment Court (AODT) Legal Aid Services Operational policy July 2023 2 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully ex...