Search Results

1. [2021] NZACC 184 - Robinson v ACC (16 November 2021) [pdf, 192 KB]

   ...suspension decision was upheld. No appeal has been lodged in respect of that decision. [12] Mr Robinson has cover for a right shoulder injury for which he had ACC funded surgery performed by Mr Brick in 2010. [13] On 13 April 2017, Mr Brick requested funding for further surgery to remove a screw that he had implanted during the previous surgery. [14] On 27 June 2017, the Corporation issued a treatment injury decision approving cover for “right shoulder localised irrit...

2. JL v N Ltd [2022] NZDT 76 (17 June 2022) [pdf, 157 KB]

   ...under this section of the Building Act, a problem or issue raised in the required timeframe is presumed to be a ‘defect’ unless the building contractor or the on-seller/developer prove otherwise. 8. D for N Ltd has provided evidence in the form of vehicle crossing requirements and crossing approvals as well as photographs of all the laying out, to show that the entire job of preparing and laying the driveway and paths was done at the same time as the vehicle crossing. He contends...

3. BS v O Ltd [2023] NZDT 168 (3 July 2023) [pdf, 101 KB]

   ...BS paid for the timber to be picked up and set up in the shed in 2019 it is a reasonable inference that he expected to pay for its removal from the shed. 21. For these reasons I am satisfied that BS should pay the fee for the removal of his plank form the shed for which he was invoiced $100 before gst. CI0301_CIV_DCDT_Order Page 3 of 4 22. Because I have found that there was a quasi-contractual relationship between the parties for the storage of the plank, I am satisfied that...

4. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 KB]

   ...pay more than the sum claimed in order to have that work completed, ND’s claim cannot succeed. Referee: C Hawes Date: 22 October 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 re...

5. Osborne - Tatawai Claim No 3 (2005) 110 South Island MB 136 (110 SI 136) [pdf, 1.4 MB]

   ...4 March 2005 A20040005105 Tatawai Claim No 3 - Confirm Final List of Beneficiaries and Summon Meeting of Owners 18(1 )(a)/93, 173/93 Robert Alexander Osborne RESERVED DECISION The present case arises under section 345 of The Ngai Tahu Claims Settlement Act 1998. Under that section, the Maori Land Court has jurisdiction for the purposes of attachment 14.2 of the deed of settlement to confirm the list of beneficiaries of ancillary claims, and hear and determine objections to the...

6. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...wasn’t. Most consumers are lay people who would not be privy to chemical and physical elements of materials. 15. In any event even if it was covered with a tarpaulin the whole time, the wood could still be affected by moisture with condensation forming under a tarpaulin. Ideally the wood should be kept in a dry shed for example. Again, there is nothing in the instructions. CI0301_CIV_DCDT_Order Page 3 of 4 16. MN could not assemble the tub. That was not his fault. The instr...

7. IN v BI [2023] NZDT 345 (18 July 2023) [pdf, 201 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 345 APPLICANT IN RESPONDENT BI The Tribunal orders: The claim is dismissed. Reasons 1. In October 2022 IN and BI decided to register and produce a dance performance for the [the festival], which was to take place in [redacted]. No formal agreement was made, rather they started the process together as co-choreographers, (developing the piece under IN’s trading name ‘[G Ltd]’) and obtained a gr...

8. LH & TH v D Inc [2023] NZDT 608 (31 October 2023) [pdf, 249 KB]

   ...refunding the $500.00 bond? b) If so, what are LH and TH entitled to be paid? 5. Have D Inc breached their contract with LH and TH by: a. Not turning off the sprinklers? b. Not refunding the $500.00 bond? 6. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. Did D Inc have a responsibility to turn off the sprinklers, or make arrangements for t...

9. SN v J Ltd & T Ltd [2023] NZDT 606 (15 November 2023) [pdf, 231 KB]

   ...Ltd is dismissed. The claim by SN against T Ltd is dismissed. The claim by SN against IT is struck out because IT was not served with the claim. Reasons: 1. In or about August 2022, J Ltd listed its [vehicle] for sale on [the online platform]. On or about 29 August 2022, SN confirmed the purchase of [vehicle] for $37,000.00, by using [the online platform]. 2. Between 29 August 2022 and 5 September 2022 there were some brief messages between SN and IT on behalf of J Ltd. T...

10. BB Ltd OD Ltd v ED Ltd [2019] NZDT 1532 (18 December 2019) [pdf, 93 KB]

    ...priority over a security interest relating to same goods. 9. However, I am not persuaded that ED has a lien over the vehicle. There is no worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. 10. ED claimed that there was a contractual lien based on verbal agreement. However, the applicants’ representative UN denied any such agreement. ED produced an emai...