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1. B Ltd v P Ltd [2024] NZDT 564 (9 August 2024) [pdf, 135 KB]

   ...compensation of $20,273.00. I note that as B Ltd has elected not to ask for a full refund, it is permitted to keep the van, and may opt to dispose of it or repair it. Referee: Sara Grayson Date: 9 August 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 fo...

2. BC v BQ [2024] NZDT 390 (5 June 2024) [pdf, 142 KB]

   ...any remedy is available? What were the terms of the agreement? 5. The common law of contract applies. For a contract to be enforceable there must be agreed terms. Except in specific circumstances an agreement need not be in writing. It can be formed orally or recorded in writing, or a combination of both. 6. In this case, both parties acknowledged and I accept the agreement was for a purchase price of $20,000 with a deposit of $12,000.00. They also acknowledged and I accept th...

3. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000117 [2012] NZWHT AUCKLAND 41 BETWEEN ROBYN COLEMAN AND PATRICIA BAMFORD Claimants AND AUCKLAND COUNCIL First Respondent AND RONALD ANTHONY URLICH AND JANICE WILMA URLICH (Bankrupt and Removed) Second Respondents AND GRAHAM HAYHOW (Deceased and Removed) Third Respondent AND JOHANNES LAURENTIUS APERS Fourth Respondent Hearing: 19 July 2012; closing submissions 26 July 2012 Appeara

4. TQ v LX [2021] NZDT 1421 (1 April 2021) [pdf, 146 KB]

   ...These costs must be reasonable, foreseeable, established and consistent with the damage caused. 8. TQ provided evidence to the Tribunal of the veterinary costs for B’s care that she claimed she has incurred as a result of N attacking B in the form of itemised invoices. These costs amount to $14,335.57. 9. TQ also provided evidence from one of the veterinarians who treated B that B had no pre- existing conditions that complicated the treatment he received as a result of the attack...

5. OT v KC & ZX [2023] NZDT 693 (14 December 2023) [pdf, 178 KB]

   ...discovered the camera was not in the box, but another item was. 3. OT seeks $330.00 the amount paid for the camera and its postage. 4. In the process of KC being served the claim, ZX contacted the Tribunal identifying himself as the son of KC. He informed that KC had died and produced a death certificate. He further informed the Tribunal that he was the person that had completed the camera auction on [the online platform] using his mother’s account. He is the identifiable and connect...

6. OT v C Ltd [2025] NZDT 99 (9 May 2025) [pdf, 179 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2025] NZDT 99 APPLICANT OT RESPONDENT C Ltd APPLICANT'S INSURER U Ltd The Tribunal orders: Claim Dismissed. REASONS 1. At about 3.15 p.m. on 14 January 2025 OT was driving along the road between [Street 1] and [Street 2], heading home to [Street 2]. At or near the roundabout of [Street 3/ Street 4] intersection, the paintwork and...

7. [2022] NZACC 88 – Pol v ACC (12 May 2022) [pdf, 284 KB]

   ...an email to the Corporation, attaching a letter from Mr Pol, dated 25 May 2020. The letter was addressed to the chief executive officer (“CEO”) of the Corporation and listed various complaints about the management of his claim as well as a request for an “out of scope payment” to compensate Mr Pol for the suspension of his weekly compensation in September 2019, over and above the payment of backdated weekly compensation and interest which he had already received. [31] On...

8. Duty-Lawyer-Policy-v-2-v2.16.pdf [pdf, 424 KB]

   ...Duty lawyers are not permitted to ask a person if they can be that person’s preferred lawyer. Similarly, they are not permitted to nominate or recommend any other lawyer (or firm/chambers) as the preferred lawyer. If a defendant specifically requests the duty lawyer act for them, they may be nominated as their preferred provider for Criminal Provider Approval Level 3 or 4 cases. In such circumstances, the duty lawyer must provide details as to why they have been nominated as preferre...

9. TT v BF & Ors [2023] NZDT 147 (22 March 2023) [pdf, 124 KB]

   ...after TT took back the keys to the house. 6. The Management Agreement also states clearly (second page, second column, first paragraph) that “We (TT’) indemnify the agent against all actions, claims and costs arising out of the proper performance of the agents duties as the property manager or the exercise of any powers duties or authorities contained in this management authority” 7. Based on the evidence put before me which included detailed photographic evidence, and...

10. BU v B Ltd [2023] NZDT 158 (20 June 2023) [pdf, 93 KB]

    ...intention as to the future. 7. BU claims that when he first asked about the car, he did advise that he had a large family, including five kids and needed a big family car. He recalls asking if the car was a seven seater. 8. BU presented the LTSA information that came with the car, which stated interior was a 7 seater. CI0301_CIV_DCDT_Order Page 2 of 3 9. Mr Q said that at no point during the presale did BU ask about the car’s seating capacity, that is whether it is a fiv...