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1. KS v T Ltd [2023] NZDT 28 (11 January 2023) [pdf, 225 KB]

   ...of hours and his staff dried out the wet carpet. KS said he was assured the water damage would be rectified and he was phoned a few weeks later – repairs still had not been carried out and he says at that point there was further damage in the form of dents to external panels, and he noticed that the rear window rubber had been cut in order to remove the rear window. 3. The certification work was subsequently completed by H Ltd and a $250.00 discount was applied to the bill for the...

2. ZZ v L Ltd [2023] NZDT 323 (11 August 2023) [pdf, 233 KB]

   ...that the concrete supplied by L Ltd is of acceptable quality. His claim is therefore dismissed and there is no need for me to address the third issue (remedy). Referee: R Merrett Date: 11 August 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 r...

3. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   ...Tribunal awards the $5,000.00 MS seeks but deducts the outstanding amounts due under the contract, leaving a balance payable to MS of $2,400.00. Referee: L. Mueller Date: 18 December 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 r...

4. EC v LP & CP [2025] NZDT 147 (7 February 2025) [pdf, 96 KB]

   ...any, is available to the seller? Was there a binding contract? 4. The buyer lives in [City 1], and the seller lives in [City 2]. The buyer organised a colleague to view the car but had not seen it herself when the seller claims the contract was formed. The buyer submitted that she had no intention to be legally bound to buy the car until she had a chance to inspect it herself. 5. However, the buyer’s subjective intention does not determine whether there was a binding contract. Sinc...

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. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...a hazard only once it was cracked due to the encroaching trees, as it had been well maintained over the years with reasonably regular painting to ensure no exposure of the substrate to UV light, which causes the deterioration that enables particle formation and consequently the risk of asbestosis to anyone who inhales. 8. Nevertheless, CB cannot recover the full replacement cost of the shed because there is an element of betterment. His original shed was built in 2002, though CB’s evide...

7. EM & TM v FW [2024] NZDT 575 (10 July 2024) [pdf, 196 KB]

   ...RESPONDENT FW The Tribunal orders: FW is to pay EM and TM the sum of $21,449.22 on or before 31 July 2024. Reasons: 1. EM and TM purchased a house from FW. The parties agreed that a large spa pool present at the property was to form part of the purchase. 2. When EM and TM moved into the house they filled the spa pool up with water and then turned on the spa in an attempt to heat the water. After around an hour the lights in the house flickered, and then the electric...

8. MacGregor v Craig [2016] NZHRRT 6 [pdf, 226 KB]

   ...After Ms MacGregor lodged the sexual harassment claim the interest rate was increased by Mr Craig to 29%. [20] Ms MacGregor’s sudden resignation on 18 September 2014 followed a discussion between her and Mr Craig. One aspect of that discussion formed part of her sexual harassment claim while another related to what Ms MacGregor believed was Mr Craig’s refusal to talk about her rate of pay. Mr Craig’s view was that Ms MacGregor had no entitlement to an increase and in any case a...

9. A v Van Wijk (Access to File) [2019] NZHRRT 12 [pdf, 100 KB]

   ...harassment provisions of s 62(1) of the Human Rights Act 1993. She alleges that when providing her with pastoral care and counselling, the first defendant subjected her to language and physical behaviour of a sexual nature and that he made ongoing requests for sexual activity. [2] In these proceedings Mr Van Wijk is self-represented while the second and third defendants (alleged to be vicariously liable for the actions of Mr Van Wijk pursuant to s 68 of the Act) have filed a joint defe...

10. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

    ...Contract and Commercial Law Act 2017 – Frustrated Contracts a) Were there any clauses in the contract that were intended to have effect in the circumstances (worldwide Covid pandemic). b) What expenses were incurred by LUD for the purpose of performing the contract? Fair Trading Act 1986 c) Did LUD mislead or deceive RC? d) If so, what loss did this cause to RC? CI0301_CIV_DCDT_Order Page 2 of 5 Were there any clauses in the contract that were intended to have effect i...