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1. Family Fixed Fees Schedules July 2020 [pdf, 522 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

2. Luan [2013] NZWHT Auckland 2 [pdf, 79 KB]

   ...the dwelling was built. [2] Mr Luan applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act) within the time period provided in the Act. However he requested that his application be put on hold until the Court of Appeal released its decision in the Sharko and Osborne1 cases. Those decisions were released on 20 December 2012. The Tribunal sent a copy of the decisions to Mr Feng and pro...

3. MG v UT Ltd [2021] NZDT 1422 (16 March 2021) [pdf, 192 KB]

   ...on, UT was entitled to treat JB (of which [insurance company] is a division) as representing MG. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: Clayton Luke Date: 16 March 2021 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 re...

4. MT v L Ltd [2021] NZDT 1597 (29 June 2021) [pdf, 166 KB]

   ...from either MT or the Official Assignee. 8. For the above reasons this application is now outside the jurisdiction of the Disputes Tribunal and is struck out. Referee: L Thompson Date: 29 June 2021 Page 2 of 2 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...

5. LB v CX [2023] NZDT 762 (18 December 2023) [pdf, 101 KB]

   ...9. LB and the Tribunal are persuaded that CX was not the seller and the claim must be dismissed. Referee: L. Mueller Date: 18 December 2023 Page 2 of 2 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 rehe

6. SN v ZX [2024] NZDT 313 (24 May 2024) [pdf, 85 KB]

   ...exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. 4. The claim must therefore be dismissed. Referee: E Paton-Simpson Date: 24 May 2024 Page 2 of 2 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...

7. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...

8. Sharko & Ors as Trustees of the Moata Trust [pdf, 99 KB]

   ...house passes its final inspection at first attempt the date upon which the owner sought the final inspection could generally be regarded as the appropriate built-by date. The difficulty in the current case is that we do not know when the owners requested the final inspection as that documentation is no longer part of the available records. On behalf of the chief executive, it was concluded that that was more likely than not prior to Friday 5 November 1999 given the fact that the f...

9. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...breach of vendor warranty under the sale and purchase agreement? 9. The sale and purchase agreement was not before the tribunal, but the standard ADLS agreement was used for the sale. Accordingly, the law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 10. The standard...

10. SC v CX [2024] NZDT 51 (21 February 2024) [pdf, 131 KB]

    ...replacement of the spark plugs and cam belt. This claim is therefore dismissed. Oil leak 18. SC said that DT Ltd found an oil leak and replaced the rocker cover gaskets. He claims that CX knew it had an oil leak and he withheld that information from him. He relies on the phone conversation he had with IJ in which IJ mentions an oil leak from the sump which he thought was caused by the purchaser hitting something. SC claims that this meant that CX must have known that the vehi...