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1. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

   ...Defendants Ms M Chen for Chen Palmer, a Law Firm DATE OF DECISION: 31 January 2013 DECISION OF TRIBUNAL GRANTING NON-PARTY ACCESS TO STATEMENT OF CLAIM AND STATEMENT OF REPLY History [1] On 15 November 2012 Chen Palmer, a Law Firm, requested copies of the statement of claim and statement of reply held on the Tribunal’s file. The Chairperson’s Minute 2 dated 23 November 2012 gave a preliminary indication of the legal framework within which that application was...

2. B Ltd v DT [2023] NZDT 741 (22 December 2023) [pdf, 175 KB]

   ...or an inherent defect of the vehicle? (iii) If there is a breach of contract then what loss has B Ltd suffered? Was there a contract between DT and B Ltd Ltd? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. 6. DT claims that the contract for the courtesy car was between her ex-husband TI and B Ltd as it was him and not her who ‘picked up’ th...

3. D Ltd v IB [2024] NZDT 560 (26 July 2024) [pdf, 94 KB]

   ...a. Is IB entitled to cancel the contract and not pay for services? b. If not, is the amount claimed reasonable? Is IB entitled to cancel the contract and not pay for services? 3. When two parties exchange something of value a contract is formed. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case the terms of the contract are in a written document titled “Valuation Agreement” dated 31 May 2022 and signed by...

4. BB v U Ltd [2024] NZDT 183 (27 March 2024) [pdf, 91 KB]

   ...contribute to the costs. I therefore find U Ltd not liable to contribute towards the cost of the fence. 9. In view of the above, the claim must be dismissed. Referee: DTR Edwards Date: 27 March 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. TO & TA v MB [2023] NZDT 232 (5 May 2023) [pdf, 106 KB]

   ...to the failure to provide a hotel room. 10. For these reasons MB is to pay TO the sum of $2,779.54, and TA the sum of $640.00, by the date stated in the order. Referee: K Rendall Date: 5 May 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. OH v LT [2024] NZDT 298 (24 April 2024) [pdf, 91 KB]

   ...balance of probabilities that the respondent’s actions caused the collision and therefore the application must be dismissed. Referee: Hannan DTR Date: 24 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...

7. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...available if the Review Officer considers that the review can be 9 adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [45] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The respondent was content with the matter being dealt with on the papers. The...

8. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...LIMITED) [61] The Fourth respondent denies liability for any damage to the owners’ dwelling caused by water penetration which it submits has occurred through the gap between the curved head flashings and the aluminium joinery, through the joint formed at the junction of the Insulclad and the block wall in the rumpus room, and through a failure in the joint between the sill of the bifold doors in the living room and the tiled deck over the garage below. [62] PSL claims t...

9. D Ltd v JD & WD [2022] NZDT 174 (3 November 2022) [pdf, 154 KB]

   ...That means the adjusted price payable is $3242.40. As Mr and Mrs D have already paid $1965.00, there is a balance of $1277.40 to be paid by the Ds to D Ltd. Referee Perfect Date: 3 November 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 rehe...

10. Rapatini v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 97 [pdf, 233 KB]

    ...with the decision of the District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court. [3] In her submissions filed in support of her application, Ms Rapatini refers to her GP lodging an ACC 45 injury claim form for work related gradual process injury. [4] She also refers to s 28 which deals with work related personal injury and to s 30 to personal injury caused by work related gradual process. [5] She says that Judge Henare and J...