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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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....

8. 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...

9. QS v T Ltd [2024] NZDT 703 (15 August 2024) [pdf, 115 KB]

   ...CI0301_CIV_DCDT_Order Page 4 of 5 pump failure in October, but as stated in the earlier findings, that is not the sort of event for which T Ltd would be able to establish a timeframe/identify a responsible guest. 24. I cannot see any basis from the information and evidence presented on which T Ltd would have liability to pay for or contribute to pump replacement and/or pump repairs. Partial refund of property management fees 25. Given that the above claims have not succeed...

10. ET and JT v F Ltd [2021] NZDT 1639 (13 July 2021) [pdf, 197 KB]

    ...within a couple of days. On 24 January, BS emailed again, saying that the submission would be submitted by 31 January. By this time, ET and JT had lost confidence in the ability of F Ltd to complete the work in accordance with its promises, and informed F Ltd on 28 January 2020 that they were cancelling the contract. [6] ET and JT paid two invoices, totalling $10,420.73, sent by F Ltd as work went on. Subsequently, they received an invoice for $18,828.38 from F Ltd, dated 27 January 20...