Search Results

1. 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....

2. 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...

3. 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...

4. FT v BF Ltd [2023] NZDT 793 (20 December 2023) [pdf, 231 KB]

   ...$13,643.10 by the date stated in the order. The counter claim by BF Ltd for damages is dismissed, and the claim for the removal of the veranda is struck out. Referee: K Rendall Date: 20 December 2023 Page 5 of 5 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 HQ [2021] NZDT 1659 (14 July 2021) [pdf, 99 KB]

   ...reasons, the claim for compensation sought by MQ is not granted but a work order and alternative money and access orders are made on the terms stated. Referee: Malthus - DTR Date: 14 July 2021 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...

6. OJ & RJ v BX & KX [2023] NZDT 527 (29 October 2023) [pdf, 120 KB]

   ...discussing the erection of a fence along part of the boundary between the properties with OJ’s partner. While BX and KX thought that negotiations were amicable it became apparent this was not the case. OJ’s partner advised that they required a formal notice to be served on them under s.10 of the Fencing Act 1978 (the FA). BX and KX did this and were responded to with a cross notice. Further notices were exchanged but without agreement being reached as to the fencing work required to be...

7. BL v JN Ltd [2023] NZDT 162 (7 June 2023) [pdf, 231 KB]

   ...162 APPLICANT BL RESPONDENT JN Ltd The Tribunal orders: JN Ltd is to pay the sum of $1,600.00 to BL on or before Wednesday, 28 June 2023. REASONS 1. In December 2022, JN Ltd placed an advertisement on [online selling platform] for the sale of a 2011 [redacted] caravan (“the Caravan”) at an asking price of $42,000.00. JN Ltd was selling the Caravan on behalf of its customer, IU. IU wanted the Caravan gone, so asked JN Ltd to reduce the asking price. By March...

8. P Ltd v V Ltd [2024] NZDT 377 (15 May 2024) [pdf, 178 KB]

   ...this case, CJ had contacted P Ltd about possible drainage damage, and asked P Ltd for assistance. It was agreed between UI and CJ on 1 November that P Ltd would arrange an inspection, which was carried out on 14 November. A week later, CJ asked for information, and P Ltd replied that it had identified damage that required repair and was preparing an [insurer] report. On 5 December, UI asked CJ for the details of the owner of the property so that it could prepare an [insurance] claim and, ha...

9. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...scope and terms of the alternative access agreement arose. In particular, whether Mr and Mrs VO had “exclusive use” of the alternative access. Mr and Mrs VO issued District Court proceedings around August 2013. Mr and Mrs N lodged a counterclaim in which they alleged Mr VO had refused to abide by his agreement to contribute towards the cost of construction of the main access, and had caused flooding on the N property by placing unconsented fill on the VO property. [10] In Mar...

10. NU & IO v BM & ME [2024] NZDT 770 (25 November 2024) [pdf, 204 KB]

    ...to transfer a claim to the Tenancy Tribunal, so the claim and counterclaim must be struck out. The parties may file their claims in the Tenancy Tribunal. Referee: E Paton-Simpson Date: 25 November 2024 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...