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1. DI v UM [2024] NZDT 727 (23 September 2024) [pdf, 184 KB]

   ...duress to accept the quote? 6. DI suggested that she was pressured into accepting the quote. She gave examples of UM taking her for coffee and making several contacts with her about accepting the quote. These examples given by DI are acceptable forms of soliciting for business. They do not reach the level of ‘duress’. Duress is the imposition of unacceptable pressure by threats that force a person to enter a contract. Duress has two fundamental elements: first, there must be the exe...

2. DS & ES v KE & X Ltd [2024] NZDT 767 (8 October 2024) [pdf, 99 KB]

   ...matter was heard before in via an in-person hearing at the request of the parties so that I could use the photo taken by DS and compare it with the Respondent to determine likeness as the identity of the driver is in question. 17. Given the information, I find that I cannot confirm that it was the Respondent who was the driver of the vehicle. Having viewed the photo and the Respondent in person and compared to the photo of the Respondent on his driver’s licence, I cannot confirm t...

3. KH & KX v MX [2022] NZDT 63 (5 June 2022) [pdf, 112 KB]

   ...Commercial Law Act 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 8. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation w...

4. F Ltd v O Ltd [2023] NZDT 374 (28 July 2023) [pdf, 117 KB]

   ...work at all. He rejected the suggestion the two of them had ever been friends. He later said that BQ had come to his premises to drink kava, and on that occasion did some work on some light fittings. That work took at most about an hour and was performed while drinking kava in between. 5. BQ, as the applicant, bears the burden of proving his claim on the balance of probabilities. It needs to be ‘more likely than not’ that his version of events is true. 6. BQ acknowledged that...

5. H Ltd v QH [2023] NZDT 771 (14 December 2023) [pdf, 149 KB]

   ...has paid $9,600.00, as it forgot to account for the $1,000.00 garage deduction when calculating payment. In other words, it has paid more than I have calculated. However, as the amount paid is less that the original budget, and because U Ltd has not formally counterclaimed for a refund, no further adjustment is required. Referee: J P Smith Date: 14 December 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe...

6. UD v TT [2025] NZDT 5 (9 April 2025) [pdf, 136 KB]

   ...($11,869.09 to write off the car based on a pre-accident value of $13,000.00 and a wreck value of $2,901.87). B Ltd has therefore claimed the lesser amount of $10,829.57 which would have been the cost had the car been repaired. 18. TT took the information provided by B Ltd to a local mechanic who suggested that the pre-accident value of UD’s car would be around $6,500 to $8,900.00, and that therefore the amount claimed was too high. 19. However, B Ltd have provided a valuation o...

7. Bonner v Accident Compensation Corporation (Claims Process) [2024] NZACC 90 [pdf, 164 KB]

   ...Held at: Wellington by AVL Appearances: The Appellant is self-represented B Marten and S Stewart for the Accident Compensation Corporation (“the Corporation”) Judgment: 28 May 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process, Accident Compensation Act 1982 and Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 August 2023. The Reviewer dismissed an application for review

8. DM Ltd v H Ltd [2024] NZDT 172 (26 March 2024) [pdf, 227 KB]

   ...provided by P Ltd, and/or its agents, appeared to show that net rents were approximately $5,000 per annum higher than the true position. The Real Estate Agent for the sale was CC, an employee of H Ltd, who was implicated in the provision of the information to DM Ltd. 3. On 2 November 2021, DM Ltd applied to the Tribunal seeking recovery of its losses from P Ltd. Losses arose when DM Ltd overpaid for the property based on the disclosures made about the rental yields. The assumed val...

9. LCRO 47/2014 HJ v GK [pdf, 93 KB]

   ...returned, to the writer’s offices, by 5pm Wednesday, 28 August 2013 (note, no extension of time shall be granted), failing which appropriate action will be taken through the relevant authorities without further notice to you. [7] Mr HJ responded claiming ownership of the forms, and rejecting the Directors’ claims. [8] Mr GK replied on 30 August 2013, describing Mr HJ’s claim to ownership as “ludicrous” and, on behalf of the Directors, rejected his explanation. Mr GK’s let...

10. LB v VB Ltd [2022] NZDT 123 (25 August 2022) [pdf, 106 KB]

    ...finance of $39,000 from NUG. The balance of the purchase price of $30,000 was noted on the sale document as being paid in cash, however LB claims he did not pay that amount and was to pay it off in instalments directly to VB Ltd. This arrangement was informal and is not recorded on any paperwork. 2. LB claims that after he had possession of the vehicle for approximately 6 months, he was pulled over by the Police and was told the vehicle was stolen. The matter was then investigated...