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1. G Ltd v JC [2024] NZDT 447 (1 May 2024) [pdf, 190 KB]

   ...3750.00 which he increased to $4470.00 at the hearing, being a refund of $720.00 plus $3750.00 for 5 weeks storage necessary because of delay caused by G Ltd leaving the site after a week. 5. The issues to be determined are: • Did G Ltd perform its building services with reasonable care and skill? • If not, what remedy is available to JC? Did G Ltd perform its building services with reasonable care and skill? 6. The Consumer Guarantees Act 1993 (‘CGA’) provides statutor...

2. CI v LI [2022] NZDT 227 (5 December 2022) [pdf, 107 KB]

   ...filing fees. There are three exceptions, and this counter claim does not fit the exceptions. For this reason, I must dismiss LI’s counter claim for costs. Referee: C Murphy Date: 5 December 2022 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. B v ACC [2012] NZACA 5 [pdf, 127 KB]

   ...whether the Review Officer was correct in his decision dated 11 April 1988, to uphold the Corporation’s decision dated 10 December 1986 to cease the appellant’s Earnings Related Compensation (ERC) beyond 18 January 1987, because the medical information then on file indicated that his ongoing incapacity was not directly related to his personal injury by accident suffered on 29 October 1976. Application for Reinstatement of Appeal ACA No. 281/88 and Application for Leave to Appeal O...

4. Te Manutukutuku Issue 36 [pdf, 5.9 MB]

   ...Wellington Tenths Trust, Mr Morris Love, a member of the Trust's Board of Trustees, and Mr William Cooper, Chairman of the Ngati Poneke Marae Association. According to the claimants, the proper­ ty under dispute, known as 'section 1', forms part of the original Pipitea Pa site, which includes traditional areas of cultiva- tion and urupa/wahi tapu. This whole area, including section 1, is classified as being Claimants had applied for the return of the Pipitea Street pr...

5. QD v KI [2024] NZDT 147 (17 April 2024) [pdf, 129 KB]

   ...agreement? c. Is QD entitled to $19,767.10 plus damages as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 4 What was agreed about the sale of the motorhome and the loan? 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...

6. Kapohe Family Trust v Cleland [2012] NZWHT Auckland 28 [pdf, 87 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-00080 [2012] NZWHT AUCKLAND 28 BETWEEN MICHAEL JAMES BEAZLEY, DEBBIE WAI KAPOHE AND ALLENE MARIE KAPOHE AND PUBLIC TRUST FOR A M KAPOHE FAMILY TRUST Claimants AND ANDREW DEREK CLELAND AND JENEPHER LYNNE HAYWARD First Respondents (Removed) AND DUNEDIN CITY COUNCIL Second Respondent AND GEOFFREY ALAN MARTIN Third Respondent AND MURRAY TURNER DECORATORS LIMITED Fourth Respondent AND ERIK AMIGO VAA

7. [2009] NZEmpC AC 48/09 Discount Crane Hire Ltd v Taljaard [pdf, 23 KB]

   ...Crane Hire Limited (“DCHL”). Mr Taljaard sought to recover annual holiday pay for two former DCHL employees and a penalty of $10,000 for failing to pay out holiday pay on termination of employment and failing to provide a holiday record upon request. [2] The Employment Relations Authority delivered its determination on 10 August 2009 (AA 268/09). The Authority there recorded that DCHL failed to attend mediation as directed and notified by the Authority on 28 April 2009. Fol...

8. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...and 2) the windscreen was not refitted correctly after the rust repair. Remaining Rust 8. EI Ltd carried out its work on the area around the windscreen on or before 3 February 2020. 9. After a second incident with the windscreen, NK was informed on 26 November 2020 that there was again rust around the windscreen. 10. NK says he was advised that the work done previously by EI Ltd was inadequate. NK supplied a note in his evidence from a staff member at a branch of [Windscreen...

9. XT v HN [2021] NZDT 1541 (14 January 2021) [pdf, 188 KB]

   ...$21,500.00. Taking in to account the evidence presented by both parties I find a fair value for the caravan is $2800.00 and this is the amount HN is liable for. Referee: C Murphy Date: 14 January 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...

10. KL v DQ & N Ltd [2023] NZDT 505 (14 April 2023) [pdf, 199 KB]

    ...breach of s 9 causes a person to suffer loss, the Tribunal may grant a remedy under s 43. 11. Breach of a contractual promise is not in itself misleading conduct. However, entering into a contract can imply that there is an honest intention to perform the contract. I find it more likely than not that the consultant never had any honest intention of performing the contract. Even if he did initially intend to perform the contract, it seems that he misrepresented the progress of the work in...