Search Results

1. 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...

2. CL v Q Ltd & WN [2023] NZDT 448 (19 September 2023) [pdf, 119 KB]

   ...standard or industry accepted definitions of the term. The word “personal”, in this context, means pertaining to persons. The word “electronics” means a device which requires the flow of electrons through conductors and semiconductors to perform its function. Applying these definitions, I am satisfied that CL’s hearing aids are in the category of “personal electronics”. Hearing aids pertain to a person, and they operate by electricity. 13. Therefore I find that the...

3. Edwards v Capital and Coast DHB (Strike-Out Application) [2016] NZHRRT 20 [pdf, 144 KB]

   ...the CCDHB alleging a breach of Principle 6. Those new proceedings are HRRT019/2016. [4] In relation to the application to strike out the second plaintiff’s claim, the first plaintiff’s submissions of 28 February 2016 responded that: [4.1] A request had been made to the Privacy Commissioner to correct the Certificate of Investigation so that it showed there had been an investigation into the alleged breaches of the second plaintiff’s privacy. [4.2] The second plaintiff had in a...

4. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...determined that the evidential threshold required to bring criminal charges was not met and no criminal charges were laid. [2] Four years later, in February 2016, the plaintiff sought access to their personal information held by Police. The request was in the nature of an ‘everything’ request, namely for all information held by Police relating to the plaintiff. [3] After the expiry of the 20 working-day time limit specified in the Privacy Act 1993 (PA 1993),2 Police had not...

5. WHT - Managing claims - Chair's Directions [pdf, 34 KB]

   ...email. 13. When filing such an email application or request, or responding to it, the party filing or responding is required to copy the email communication to all other parties. If there is no email address for any party the Tribunal can be requested to arrange service on that party Hearing Documents 14. Each party is required to file electronic and hard copies of all their hearing documents with the Tribunal and either serve all other parties with hardcopies or provide...

6. IT v OC Ltd [2024] NZDT 700 (15 November 2024) [pdf, 219 KB]

   ...purchased by IT had been sold, leaving only the less popular colours. IT had purchased one of the popular colours. 7. The Tribunal must make a decision on the evidence that is presented. As it is possible IT may have simply misunderstood the information that was being provided to him, and as there is no CI0301_CIV_DCDT_Order Page 2 of 3 evidence that OC Ltd engaged in conduct that may have misled or deceived IT, I find the claim cannot succeed. The claim is therefore dismissed....

7. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...while on holiday he was in contact with his office during which time he did not receive any communication (telephone or email) from Mr HT. He says on return he “was surprised” to learn the draft agreement had been signed. He says despite his requests on 24 June, he was not provided with a copy. He says it would have been to BEG’s advantage had the lower number of shares in DOT been transferred instead of all BEG’s shares which subsequently occurred. [127] It is helpful if...

8. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...2 [1] The level 12 penthouse apartments at 196 Hobson Street were leaky. The owner, Manchester Securities Limited, (Manchester) has sued Auckland Council for the cost of repairs. Manchester claims as an assignee of the former owner, Sage Securities Limited (Sage), and, in the alternative, in its own right. Robert Cummins is the sole director of Manchester. Mr Cummins worked as a property consultant for Sage prior to Manchester’s purchase of level 12.

9. BU v BH [2020] NZDT 1400 (20 November 2020) [pdf, 176 KB]

   ...BU’s claim in misrepresentation fails. I am unable to see any other way BU could claim damages from BH. The claim is therefore dismissed. Referee: M Wilson Date: 20 November 2020 CI0301_CIV_DCDT_Order 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 r...

10. DU v BL & KL [2021] NZDT 1685 (28 May 2021) [pdf, 181 KB]

    ...of issues arising on properties that have just been purchased, the Tribunal must be satisfied that, on the balance of probabilities, the dishwasher was not in reasonable working order as at the date of settlement. 9. Based on the evidence and information provided at the hearing, I find that it is more likely than not that the dishwasher was in reasonable working order as at the date of settlement. 10. Based on my finding in paragraph 9 above, it is not necessary to address issues 3(b...