Search Results

1. 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.

2. 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...

3. 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....

4. 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...

5. 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...

6. 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....

7. 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�...

8. Roberts v Accident Compensation Corporation (Weekly Compensation) [2022] NZACC 208 [pdf, 192 KB]

   ...that Mr Roberts had been employed by New Zealand Forest Service Nursery from “?Aug 1986” for three weeks. This certificate described him as being unemployed, and with “TAPS Salvation Army Cambridge? From Nov 1986 to Accident”.1 An ACC Information Consent Form dated 9 June 1987, signed by Mr Roberts’ mother, described him as unemployed. [5] On 30 January 2001, Mr Colin Higgins noted in a letter that he was a used car dealer and did not employ full-time staff. However...

9. 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...

10. 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...