Search Results

1. MG v TX & QD [2021] NZDT 1631 (30 June 2021) [pdf, 188 KB]

   ...one new lot, and transfer ownership of that lot to MG and her partner. The agreement required MG and her partner to pay TX and QD the costs of the sub-division. 11. MG’s claim may be considered as a claim for damages arising from the non-performance of that contract. However, there are several difficulties with considering the claim on that basis, including: a. Contracts for the sale of land are not enforceable unless they are in writing (section 24, Property Law Act 2007).

2. QE v HN [2024] NZDT 212 (7 March 2024) [pdf, 92 KB]

   ...that of the old fence. [14] Thus, as QE had agreed to pay for the new fencing, and as HN did not agree to pay for anything more, QE’s claim must be dismissed. Referee: C Hawes Date: 7 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 r...

3. BS & NS v DL [2023] NZDT 50 (9 February 2023) [pdf, 183 KB]

   ...$2,676.22 for the vet treatment and travel costs. 13. The claim for the filing fee is dismissed and the claim for NS’s medical expenses is struck out. Referee: Sara Grayson Date: 9 February 2023 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...

4. BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]

   ...applicants claim $3,866.30 for a replacement mantel because the old one will need to be removed. 21. The normal measure of damages for breach of contract is to put the wronged party into the position they would have been if the contract had been performed. 22. I am satisfied that if the contract had been performed the applicants would be in possession of an elderly inset fire box and flue with an out of date wooden mantel in reasonable working order. 23. I am not satisfied that...

5. OX v KN [2024] NZDT 701 (4 July 2024) [pdf, 101 KB]

   ...Fencing Act 1978 does not apply. Is OX entitled to any or all of the sum claimed? 13. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been in had the contract been performed. When assessing losses from a breach of contract, it is necessary that the losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 14. OX claims $1,518.00, which is the sum he paid to a...

6. IX v J Ltd [2025] NZDT 23 (09 April 2025) [pdf, 97 KB]

   ...this for the following reasons: - The same day as IX took possession of the vehicle a warning light engaged. - A pre-inspection was conducted by an organisation recommended by J Ltd this revealed there was water around the battery. J Ltd informed IX this was due to the vehicle being washed. However, IX took the car for a service shortly after taking CI0301_CIV_DCDT_Order Page 2 of 3 possession of it and was advised there was a ‘damp round engine tray’ and the source of th...

7. B Ltd v C Ltd & others [2024] NZDT 99 (21 February 2024) [pdf, 213 KB]

   ...agreement has been proved in this respect. 47. There are a number of items that I consider it is most likely were not in good working order at the time of settlement. I make this finding on the basis of the evidence submitted by B Ltd, mostly in the form of photos. The list of items in this category, together with the book value, repair or replacement costs as evidenced by B Ltd is: Fire extinguishers $1,536.00 Electrical equipment $505.00 Fuse carrier $21.00 Workshop saf...

8. 24 unit owners of Shed 24 Princess Wharf, 143 Quay Street [2013] NZWHT Auckland 13 [pdf, 89 KB]

   ...the extent required by the building consent. He referred to s 43(1) of the Building Act 1991 which provides: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [6] The Court of Appeal concluded that a dwellinghouse would not be considered built for the purpose...

9. SR v SP [2020] NZDT 1424 (28 July 2020) [pdf, 200 KB]

   ...12. The parties agreed $135.00 was a fair amount for a bale of lucerne. The amount that I find is reasonable is $8505.00 being 63 bales at $135.00 for each bale. Referee: C Murphy Date: 28 July 2020 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...

10. LF v JN & Ors [2024] NZDT 354 (7 May 2024) [pdf, 208 KB]

    ...artwork] are not there now. 9. Having considered this matter and all of the evidence provided I do not consider that a contract existed in this case between JN and LF. 10. Both JN and LF said the arrangement for storing [the artwork] was an informal one between friends. There was no payment and no written agreement, although LF says he gave JN a koha each year of some Dutch liquorice that JN enjoys to say thank you for storing [the artwork]. 11. A legal obligation arises und...