Search Results

1. KQ v UI [2023] NZDT 46 (10 February 2023) [pdf, 180 KB]

   ...and the hire of a skip bin to remove the damaged property. 10. The total amount I find is reasonable is $2980.25 and this is the amount UI is liable for. Referee: C Murphy Date: 10 February 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...

2. MS v UM [2024] NZDT 42 (14 February 2024) [pdf, 94 KB]

   ...I therefore make the order accordingly that UM pay the cost of the drainlayer and half the amount claimed for lost income, being a total of $493.22. Referee: DTR. Edwards Date: 14 February 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 rehe...

3. IO v XU & M Ltd [2024] NZDT 279 (5 March 2024) [pdf, 100 KB]

   ...dismissed. 1 Land Transport (Road User) Rule 2004, section 1.6. The definition of “road” includes “a beach”. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: Nicholas Blake Date: 5 March 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 f...

4. EI v Q Ltd [2024] NZDT 322 (18 April 2024) [pdf, 91 KB]

   ...ordered amount is apportioned between the respondent and its insurer is a matter for them. The applicant is limited by the amount claimed in her application. Referee: Hannan DTR Date: 18 April 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...

5. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...[44] The Simpsons say that the windows leaked and G R W attended to those leaks. The Simpsons say that the repairs were temporary, though they did not realise it at the time. [45] On 21 June 1995 the Simpsons showed on a house maintenance form that there were leaks in the storeroom, rumpus room, French doors and under the French doors onto a small deck into the lounge. [46] Mrs O’Callaghan’s maintenance list of 11 July 1995 refers to leaks in the arcade roof, in the pla...

6. K Ltd v EN [2023] NZDT 690 (19 December 2023) [pdf, 171 KB]

   ...considered EN’s evidence but find on balance the claim is successful. I say this because even if EN did not accept the quote, she must have been aware her insurer did and she did not give evidence that at any time before the work was done, she informed K Ltd that payment would be on actual time and cost, not on the quote. This is consistent with EN’s email to T of 12 June 2023 in which she said we have the go ahead to fix the wall etc from the insurance company. 4. Quotes provide...

7. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...more likely than not). If a respondent raises a defence to a claim, that defence must also be proved to the same standard of proof. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and is also required to take into account the substantial merits and justice (s18(6) of the Disputes Tribunal Act 1988). 8. I would like to reassure the parties that all inf...

8. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

   ...of $3,087.15 for maintenance costs incurred after May 2020, plus the cost of removing the doors ($3,796.15). NI paid for the maintenance costs, which left only the removal costs in dispute. 4. The issues to be resolved are: (a) Which documents formed part of the contract between OH and NI? (b) In what circumstances was OH entitled under that contract to claim removal costs? (c) Are removal costs recoverable? Which documents formed part of the contract between OH and NI? 5. Th...

9. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...have to consider are: a. Was there a contract between the parties? b. If so, has it been breached by SQ? c. If so, what remedy is appropriate? Was there a contract between the parties? 6. The relevant law is contract law. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 7. I find a contract was formed when...

10. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

    ...he says they were when they were sold as they had been vet-checked. No evidence has been presented from that time that would contradict the statements made by SM in relation to the condition of T and the mother at the time the contract to buy T was formed. 9. Some statements that TX contends were false, were made after T developed problems at 6 months old, well after his purchase, such as SM's statement that they were the first to have a puppy with problems - while this seems to...