Search Results

1. 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...

2. 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:...

3. 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 Upon receipt of this information the offer of $940,000.00 was withdrawn, and at a later date the offer of $930,000.00 was reduced to $910,000.00 on the condition that the property sale proceed without the COC. 3.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...

4. 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...

5. 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...

6. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...causing him stress. 4. BW seeks all his rent paid of $3,486.00 returned to him and $1,514.00 for the stress he says has suffered. 5. XT has not contested any of this evidence. He did not file any defence or response to the allegations in the claim form. He did not attend today’s hearing. 6. This Tribunal has jurisdiction for claims in contract. The flat sharing agreement is a contract. The major benefit of a flat sharing agreement is the provision of a place to live. One of th...

7. EQ & KQ v S Ltd [2024] NZDT 606 (22 July 2024) [pdf, 114 KB]

   ...the amount ordered is not for Tribunal costs. Conclusion 12. For these reasons S Ltd is to pay KQ and EQ the sum of $6,682.75 by the date stated in the order. Referee: K Rendall Date: 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 r...

8. HC v T Ltd [2025] NZDT 195 (10 May 2025) [pdf, 131 KB]

   ...Ltd breach the 30 business day notice provision of the parties’ agreement? b. If yes, are the amounts claimed reasonable compensation? Did T Ltd breach the 30 business day notice provision of the parties’ agreement? 3. A contract is formed when two parties decide to exchange something of value. In this situation the parties signed a statement of work on 26 June 2024. The signed statement of work incorporates four additional documents as part of the contract between the part...

9. 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...

10. 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).