Search Results

1. QN v OR [2018] NZDT 1526 (9 February 2018) [pdf, 187 KB]

   ...agreement provides: “In consideration of the sum of $1,000.00 the Grantor agrees to grant to the Grantee as easements in gross (“the Easements”) the right to install, operate and maintain the Station on the Site together with access over the formed Access Track and conveyance of electricity to the site as shown on the plan annexed hereto.” 3. From late 1990 until mid-1995 the parties attempted to negotiate a licence agreement which would provide OR’s occupation rights as...

2. NL & TG v JN [2024] NZDT 44 (12 January 2024) [pdf, 204 KB]

   ...APPLICANT NL APPLICANT TG RESPONDENT JN The Tribunal orders: The claim is dismissed. Reasons 1. NL and TG live next door to a property that is co-owned by JN. 2. Their claim relates to problems with the behaviour of former occupants of that property, in particular that they threw rubbish over the fence onto NL and TG’s lawn. 3. The claim seeks compensation of $300.00 for the removal of the rubbish. 4. The hearing took place by phone on 11 Januar...

3. AX v S Ltd [2024] NZDT 654 (11 September 2024) [pdf, 193 KB]

   ...right to reject the unit which includes the right to recover the cost to replace it. 14. For this reason, the claim cannot succeed. Referee: P McKinstry Date: 11 September 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...

4. Morris v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 089 [pdf, 186 KB]

   ...down a steep hill. She slipped and fell, hurting her left arm. On 28 December 2020, the Corporation accepted cover for diagnosed contusion of Ms Morris’ left shoulder and upper arm. [3] On 8 July 2022, Mr Varney, for Ms Morris, submitted a request for reimbursement for prescription medication costs, along with receipts and a table outlining the reimbursements requested. The total reimbursement request was for $465. The Corporation paid for only some of these costs. [4] O...

5. Odlin Family Trust v Hurunui District Council [2013] NZWHT Auckland 3 [pdf, 121 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2012-100-000094 [2013] NZWHT AUCKLAND 3 BETWEEN CAMPBELL GERALD ODLIN, ELIZABETH MIRIAM ABBOTT, AND MICHAEL RALPH ABBOTT AS TRUSTEES OF THE ODLIN FAMILY TRUST Claimants AND HURUNUI DISTRICT COUNCIL First Respondent FINAL DETERMINATION Adjudicator: S Pezaro 6 March 2013 Page | 2 THE CLAIM [1] This claim concerns a house in Hanmer Springs built by the Odlin Family Trust for Mr Odlin and Ms...

6. TH v N Ltd & LC [2024] NZDT 847 (14 October 2024) [pdf, 251 KB]

   ...eventually obtained payment per the terms of the (amended) judgment in December 2022. CI0301_CIV_DCDT_Order Page 2 of 6 8. TH’s claim is based on advice that he has received from K Ltd (Mr E), that Mr O’s statement of claim was improperly formulated, and as a consequence TH lost the opportunity to recover an amount of interest and costs. 9. The second hearing took place by phone on 24 September 2024. TH, LC, and Mr O (as a witness) participated in the hearing. Find...

7. TU v CE D Ltd [2023] NZDT 206 (19 June 2023) [pdf, 201 KB]

   ...of the Consumer Guarantees Act 1993 apply. There has been a substantial failure of the Guarantee of Delivery. Should D Ltd pay for grid power paid for by TU? 3. TU has claimed that D Ltd should pay for his power as a consequence of non-performance of the contract. Section 28(4) of the Consumer Guarantees Act 1993 provides for consumers to: “….obtain from the supplier damages for any loss or damage to the consumer resulting from the failure … which was reasonably fore...

8. BT v CH [2023] NZDT 30 (16 January 2023) [pdf, 175 KB]

   ...no valid agreement between the parties, there is no need for me to consider this issue and accordingly, the respondent’s claim is dismissed. Referee: K. Armstrong Date: 16 January 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 reh...

9. QU v TW [2024] NZDT 311 (14 May 2024) [pdf, 90 KB]

   ...regardless of the collision, and I find that they are not a reasonably foreseeable consequence of the collision. 8. Consequently the claim is dismissed. Referee: G.M. Taylor Date: 14 May 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 rehe...

10. SD v W Ltd & X Ltd [2023] NZDT 407 (22 August 2023) [pdf, 198 KB]

    ...these reasons I find the correct respondent to this claim is X Ltd. CI0301_CIV_DCDT_Order Page 2 of 3 Is X Ltd in breach of its obligations to refund SD? 6. The relevant law is the law of contract. In this situation the contract was formed between SD (through his agent, [Travel Agent]) and X Ltd by way of the purchase of airline tickets. 7. SD states he outlaid $2231.75 for return flights from [City 2] to [Country]; leaving [City 2] 2 May 2020 and returning 8 May 202...