Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. [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...

7. 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...

8. 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...

9. 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...

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...