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1. ND v X Ltd [2024] NZDT 689 (12 September 2024) [pdf, 105 KB]

   ...regarding every such claim. I decline to make an order for stress in this situation. 22. Taken together, that means that X Ltd must pay ND $3,081.75. Referee: Souness - DTR Date: 12 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 reh...

2. SC v CX [2022] NZDT 116 (2 August 2022) [pdf, 204 KB]

   ...contacted the Disputes Tribunal and advised that due to his absence, he was happy for me to make a decision based on the existing evidence, stating he had nothing more to add. 4. CX was advised that SC had asked me to make a decision based on the information before me. He was asked if he was happy for me to do this. He agreed. 5. Both parties were advised I would be making a decision based on the information they provided as they had declined the opportunity for a further hearing....

3. LG & G Ltd v QN & IM [2024] NZDT 841 (9 December 2024) [pdf, 179 KB]

   ...determine whether the amount claimed is fair and reasonable. Was the dispute settled by the Respondents’ payment on 26 July 2024? 8. The law of contract applies. When the parties to a dispute reach an agreement to resolve a dispute, a contract is formed between them which stands alone and is separate to any previous contract between them. If the parties comply with the terms of the settlement, the dispute is resolved, and both parties are bound be that settlement and neither party...

4. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [pdf, 210 KB]

   ...of that process, and the Committee’s subsequent resumption of its process in April 2019. The Committee’s decision records that in the meantime: On 24 August 2018, Judge VH released a copy of the 23 November 2017 letter following an earlier request by [the Committee]. Mr TN did not take the opportunity offered by the Committee to file further submissions after the own motion inquiry resumed, and the decision recording that there had been unsatisfactory conduct on his part was is...

5. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...hearing Mr S argued that NB was aware that there were works taking place on the road and had not made a reasonable effort to protect his assets. Mr S pointed out that there were two flyers sent to property owners by Fulton Hogan and Auckland Transport informing them of the work. He also argued that it is common knowledge and NB ought to have been aware that concrete pouring could cause harm, and taken steps to keep his business assets safe. 10. The flyers inform residents that work on...

6. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...BC. 4. The issues I must decide are: a. What terms were agreed? b. Was the contract frustrated? c. Is BC entitled to $581.00 as claimed, or to any other sum? What terms were agreed? 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...

7. D Ltd v KC [2023] NZDT 782 (23 November 2023) [pdf, 96 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

8. 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...

9. 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...

10. 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...