Search Results

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. [2014] NZEmpC 136 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 128 KB]

   ...McKenzie lived in Hong Kong, although he travelled to Kerikeri from time to time and visited the farm. It is apparent that the farm had enjoyed a productive phase during a previous farm manager’s time on it, although there were issues with the performance of the farm manager who held the role just prior to Mr Rockell’s appointment. That relationship had come to an end after about 12 months. It was around this time that Mr McKenzie met with Mr Rockell and discussed the possibi...

7. X Ltd v K Ltd [2023] NZDT 284 (25 July 2023) [pdf, 93 KB]

   ...at the time they were stolen, K Ltd is not required to compensate X Ltd for breach of the contract, because I have not found that any breach has occurred. Referee: M Wilson Date: 25 July 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 rehe...

8. BI & SI v BA [2023] NZDT 142 (2 May 2023) [pdf, 154 KB]

   ...the cars that the Applicants understood they were purchasing. 3. At the first hearing I adjourned to allow the Applicants further time to obtain documents from the Police file. At the second hearing the Applicants told me that they had further information which they wanted the Tribunal to consider, I allowed the Applicants further time to send in these documents, which they did. I confirm that I have considered all the evidence filed by the Applicants in determining this matter. 4....

9. DN v NS [2024] NZDT 336 (23 May 2024) [pdf, 127 KB]

   ...claim. NS has not been in contact with the Tribunal. I attempted to call NS but was unable to reach him. NS was posted the notice of hearing in April 2024 and a reminder was emailed to him prior to the hearing. I am satisfied that NS was properly informed of the claim, the hearing date and time, and the matter could proceed in his absence. 4. The issues to be resolved are: a. Did NS cause damage to DN’s car? b. If so, is DN entitled to claim $3,252.34? Did NS cause damage to DN�...

10. 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.