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1. What happens next

   The person who makes the application or claim is called the applicant. A person who has a claim made against them is called the respondent. When the Copyright Tribunal gets the application We’ll contact the applicant to confirm we’ve received their application. Next we’ll contact the internet provider (IPAP) that issued the infringement notices and ask for the account holder’s name and contact details. Then we will: issue a Notice of Proceedings serve the proceedings on the account hold...

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   3. File sharing infringements

2. ED v Q Ltd [2023] NZDT 412 (24 August 2023) [pdf, 182 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 412 APPLICANT ED RESPONDENT Q Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. ED purchased a fishing rod from Q Ltd in late 2022. ED says the rod tip broke during a fishing trip and a replacement rod should be available to him under the 10-year guarantee provided with the rod. 2. ED claims $115.00...

3. ND v EI and others [2023] NZDT 241 (11 April 2023) [pdf, 200 KB]

   (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 241 APPLICANT ND RESPONDENT EI SECOND RESPONDENT DM THIRD RESPONDENT T Ltd FOURTH RESPONDENT CI The Tribunal orders: 1. DM and T Ltd are joined to the claim as respondents. 2. EI and DM and T Ltd are to pay ND $500.00 on or before Friday 5 May 2023. 3. The claim against CI is dismissed. Reasons: 1. In July 2021, ND purchased a propert

4. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 670 APPLICANT TU RESPONDENT I Ltd The Tribunal orders: I Ltd is to pay TU $22,121.90 within 30 days of the date of this order. Reasons: 1. In 2015, I Ltd provided a [wastewater septic system] that was installed at [address]. The Applicant, TU, moved into the property on 11 August 2016 and was the first occupier of the ho...

5. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...approach in the Courts where there is a presumption that costs reflect success in the litigation. [6] The exceptions set out in the Act at s 47 are narrow. This is because the granting of costs is a departure from the usual approach. [7] An application for costs on the grounds in this application requires the Tribunal to: (a) consider whether a party raised allegations that were without substantial merit; and (b) if so, did those unmeritorious allegations cause costs and exp...

6. BT v HT [2024] NZDT 353 (7 May 2024) [pdf, 138 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 353 APPLICANT BT RESPONDENT HT SECOND RESPONDENT K Ltd The Tribunal orders: HT is to pay the sum of $12,037.00 to BT on or before Tuesday 28 May 2024. Reasons: 1. On 1 May 2023, the applicant, who is a taxi driver, dropped off a passenger in a wheelchair to the [temple] at [address]. He parked in a designated loadi...

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

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 22 APPLICANT DQ RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons 1. DQ says CC did a lot of damage while CC was a guest in her home on the evening of 12 November last year. Specifically, DQ says her soundbar did not work and required replacement as well as the cost of a TV specialist, H, to reconnec...

8. [2014] NZEmpC 225 Davis v Commissioner of Police [pdf, 42 KB]

   ...BETWEEN STEPHEN DAVIS Plaintiff AND COMMISSIONER OF POLICE Defendant Hearing: By memoranda filed on 21 November 2014 Judgment: 12 December 2014 JUDGMENT OF JUDGE M E PERKINS IN RESPECT OF DISBURSEMENTS CLAIM [1] In a costs judgment issued on 23 October 2014 1 the matter of the claim for disbursements by the Commissioner was reserved. A direction was made that copies of all invoices supporting the disbursement claim were to be p...

9. TT v CT & QT [2024] NZDT 419 (28 May 2024) [pdf, 172 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 419 APPLICANT TT RESPONDENT CT SECOND RESPONDENT QT The Tribunal orders: The remaining claim related to the specific items of personal property contained in this Order is dismissed. Reasons 1. The Applicant brought a claim for the return of specific items of personal property as listed in his submission from the Respond...

10. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

    ...significant financial burden. [11] The defendant then addressed the plaintiff’s ability to pay because the plaintiff had, in correspondence with counsel for the defendant, indicated an intention to raise impecuniosity in response to any costs application. The defendant acknowledged that a party’s ability to pay is a factor to which the Court is obliged to have regard in appropriate cases, in the exercise of its equity and good conscience, citing the Order of St John Midland Reg...