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1. DT form 6: Notice of objection of enforcement order [pdf, 1.2 MB]

   Z Page 1 For more information visit www.justice.govt.nz/tribunals DT 07/11 - 6 What is this form for? Use this form to object to an application made to the District Court for the issue of any process to enforce an order - • requiring you to pay money as an alternative to compliance with a work order; and • that you believe that you have already complied with. Completing and submitting this form 1. Fill in all sections below. 2. Print in CAPITAL LETTERS. 3. A notice of objection may on...

2. NU v TE [2020] NZDT 1402 (25 November 2020) [pdf, 94 KB]

   ...NU’s loss? Did TE misrepresent the condition of the vehicle prior to or at the time of purchase? 3. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious,...

3. DQ v CC [2024] NZDT 22 (28 February 2024) [pdf, 192 KB]

   ...consider repair costs further and I dismiss the claim. Referee: J Costigan Date: 28 February 2024 CI0301_CIV_DCDT_Order 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. NB v U Ltd [2023] NZDT 310 (9 June 2023) [pdf, 211 KB]

   ...impact of the smashed window and/or glass pieces left in the door frame, could have affected the operation of the window. 8. When asked specifically about the timing of the window stopping working immediately after the break-in,LT gave no detailed information to support his stated view that the fault was unrelated to the break-in. 9. Given the compelling inference to be drawn from the timing of the window control failure immediately after the window was smashed, I do not consider...

5. S Ltd v D Ltd [2024] NZDT 850 (14 November 2024) [pdf, 92 KB]

   ...Ltd during the hearing, KB queried whether in fact the cable in question is ‘ruggedised fixed fibre service lead’ or one of the other types of table listed, half of which have a minimum cover requirement of 450mm. 8. In any event, on the information and evidence available, I find that D Ltd has not provided sufficient evidence to prove that S Ltd breached its duty of care because there is no evidence as to whether there is any variation in expected or reasonable practice depending o...

6. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...[3] Ms YY had initially instructed Mr TW to act for her on the sale, but as Mr TW did not operate a trust account, Mr TW referred Ms YY to Mr FN. 2 [4] On the 29th of January 2013, Mr TW forwarded facsimile correspondence to Mr FN making request of Mr FN to prepare an agreement for sale and purchase of the [address] property. [5] That correspondence: (a) Identified the vendor and purchaser; and (b) advised the sale price that had been agreed; and (c) recorded that no depos...

7. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

   ...They did not provide the accommodation service with reasonable care and skill. They are ordered to refund $351.50 to NC for the breach of the FTA. Referee: B M Smallbone Date: Monday, 22 July 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 re...

8. DZ v LU & IW Ltd [2024] NZDT 469 (4 June 2024) [pdf, 200 KB]

   ...responsibility to follow up on the bill/s before or at the time they were transferring the lease. 13. Since DZ has not provided evidence of if/when she sent the rates bills to IW Ltd, and since she also had a responsibility to mitigate losses in the form of late payment fees, I find that in all the circumstances here, IW Ltd is liable to pay only the proportional rates amount of $3071.55 for the period in question and not the late payment fee of $568.55. Referee Perfect Date:...

9. EH v MG & FG [2024] NZDT 425 (28 May 2024) [pdf, 186 KB]

   ...purchaser discovered that bathroom renovation completed when MG and FG owned the property did not have a Code of Compliance (‘COC’). EH had two offers on the property at the time, one for $940,000.00 and another for $930,000.00. Upon receipt of this information the offer of $940,000.00 was withdrawn, and at a later date the offer of $930,000.00 was reduced to $910,000.00 on the condition that the property sale proceed without the COC. 3. EH claims $30,000.00 from MG and FG for the l...

10. Landon v Auckland Council [2011] NZWHT Auckland 70 [pdf, 131 KB]

    ...necessitated a full reclad: a) lack of vertical control joints within the wall cladding, b) lack of clearance between cladding and adjacent ground and between the cladding and the deck surface, Page | 3 c) solid deck barrier being formed without a membrane or other protection to the top, and d) a fireplace protection where the top of the cladding is used inappropriately as a roof. The Council cross-claims against the second, fourth and fifth respondents and l...