Search Results

1. ET & KT v CK & SK [2023] NZDT 662 (28 September 2023) [pdf, 190 KB]

   ...reducing it from $150.00 to $110.00 to reflect the poor service. CK argued that that would be below cost as staff are paid $25.00 an hour, to which ET responded that sometimes they were only there half an hour. No timesheets or other financial information was presented by CK and SK. In the absence of sufficient evidence of cleaning costs, or mechanism for calculating a deduction, I accept ET’s calculation of a $40.00 deduction per clean. $40 for 6 cleans comes to $240.00. Are the C...

2. EN v KH [2022] NZDT 182 (23 September 2022) [pdf, 110 KB]

   ...alternative $2,528.31 or $4,999.00 from Ms KH. This is on the basis of half (or most) of the $5,056.62 costs incurred in 2021 and 2022 for surveying, plumbing and engineering design work. 3. Mr EN said this work was necessary as the DCC had informed him that an existing, unconsented portion of driveway would be removed unless the proposed driveway was progressed. Mr EN said that he and Ms KH had an agreement based on the lodging of the resource consent and Ms KH did not inform him...

3. HN v UC & JS Ltd [2023] NZDT 166 (6 June 2023) [pdf, 103 KB]

   ...entrance of the workshop that stated JS Limited. UC said he would urgently provide a photo of that sign, but none was received during the adjournment period. 8. In order for a business to get the benefit of its limited liability status it must inform parties that it is entering into a contract with a limited liability company. On the facts of this case, I find that it was not brought to HN’s attention that he was entering into a contract with a company and not with UC personally....

4. DC v KN [2023] NZDT 309 (22 May 2023) [pdf, 178 KB]

   ...until 25 June 2023. Each were to pay $230.00 per week as their share of the rent. On or about 8 February 2023, KN unexpectedly moved out without notice and stopped paying rent. DC and CI carried on covering the rent in his absence. DC filed a claim in the Disputes Tribunal. 2. This is a claim for unpaid rent in accordance with an agreement between tenants in the sum of $4,600.00. 3. The issues to be determined are as follows: a. Has KN breached a legally binding agreement?...

5. YD & YA v CU Ltd [2024] NZDT 491 (17 June 2024) [pdf, 185 KB]

   ...applicants had to pay $899.00 to replace the motor. CU Ltd could not locate any invoice so did not know whether the motor had been included in the 2018 repairs and whether or not it might be covered by any warranty. The applicants could not find this information from their insurance company or the garage company either. However, CU Ltd thought they might have passed on the invoice to the applicants to pay the garage directly. 6. The applicants bear the onus of proving on the balance of p...

6. Wall v Malone [2010] NZWHT Auckland 21 [pdf, 262 KB]

   ...funds can be withdrawn from the $20,000 held in trust to cover the work needed to be carried out. (b) That the Code of Compliance will issue once the “conclusions” “8” paragraph have been carried out. (c) No further financial/building requests will be made upon me to complete other work. I look forward to hearing from you. Please feel free to phone me if you want to discuss anything further. Regards Jayne Malone” [22] The claimants‟ solicitor wrote to Mrs...

7. IH v LM [2022] NZDT 136 (3 August 2022) [pdf, 192 KB]

   ...fencing notice properly served? 5. Section 10 of the Fencing Act 1978 provides that an occupier who desires to compel a neighbouring “occupier” to contribute to the cost of work on a fence shall serve a notice on the occupier in the prescribed form. “Occupier” is defined in s 2 to mean the owner in most cases including the present case. If the owner at the relevant time was Q Ltd as the respondent stated, then the wrong respondent has been named on the fencing notice and in this c...

8. CH v NB [2021] NZDT 1680 (8 November 2021) [pdf, 127 KB]

   ...c) Is GST payable? Did NB agree to pay for QC Ltd’s service? CI0301_CIV_DCDT_Order Page 2 of 3 4. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. However, the applicant bears the onus of proving the terms of the contract, which can be difficult where the other party disputes what was agreed. 5. The adviser, representing QC Ltd, gave...

9. TT v N Ltd [2023] NZDT 753 (5 December 2023) [pdf, 163 KB]

   ...Page 2 of 3 I note that at the rehearing hearing N Ltd offered to continue working with TT to address the remaining outstanding issues with the property. Referee: Kaho - DTR Date: 5 December 2023 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...

10. FC v DN [2024] NZDT 40 (11 January 2024) [pdf, 186 KB]

    ...discussions with FC. I am satisfied that C was born about December 2018 and was therefore approaching 5 years of age at the time FC purchased him. Referee: B M Smallbone Date: Thursday, 11 January 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 fo...