Search Results

1. LZ v I Ltd [2023] NZDT 174 (22 May 2023) [pdf, 178 KB]

   ...I am satisfied that while the gift cards were promotional offers as part of the deal to entice customers, they were not contractual in nature because there was no “consideration” or money paid for their purchase. Because the gift cards did not form part of the contract for the drone and product care, there can be no breach of a contract for failing to return the value of the cards as requested. 12. I further take into account that the promotional cards are called “gift cards” wh...

2. KG v D Ltd [2023] NZDT 705 (19 December 2023) [pdf, 176 KB]

   ...loss of the goods. If so, is KG entitled to all or any of the $1,237.00 that is claimed? 8. A party is entitled to seek damages. The object is to place the aggrieved party in the position that would have been occupied had the contract been performed as originally agreed. 9. I am satisfied that the costs to repair the cabinet are reasonable. I find that D Ltd is pay KG $1,237.00. Referee: D Alofivae Date: 19 December 2023 Page 3 of 3 Information f...

3. E Ltd v O Ltd [2023] NZDT 721 (1 December 2023) [pdf, 92 KB]

   ...applicant to prove their claims on a balance of probabilities. Although I have reviewed all the evidence and submissions, I have only referenced what I find necessary to give context to my decision. Did O Ltd breach the contract? 5. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of a contract define the rights and obligations of the parties. 6. A breach of a c...

4. Mollett v Accident Compensation Corporation (Suspension of Weekly Entitlement and Delay) [2023] NZACC 112 [pdf, 263 KB]

   ...refer her for a SPECT CT scan of her back, to look for ongoing inflammation in her facet joints. Dr Armstrong said that, if the bone scan was negative, he would look into her hip as a possible source of her pain. Dr Armstrong stated that he had requested that Ms Mollet’s hip be added to her ACC claim. Dr Armstrong certified Ms Mollet as unfit for work until 1 July 2020. [25] On 29 May 2020, the Corporation asked Dr Armstrong to provide a READ code and side regarding his reques...

5. [2014] NZEmpC 8 Nelson v Katavich [pdf, 49 KB]

   ...2013, I held a directions conference with counsel at which it was agreed that disclosure could only be finalised after amended pleadings had been filed. I set a timetable for that to be done and directed that all parties were to respond to the requests for disclosure within 5 working days after service of the statement of defence to the amended statement of claim. 1 [2013] NZERA Christchurch 35. [8] In the course of that con...

6. OD v TD [2023] NZDT 535 (25 October 2023) [pdf, 205 KB]

   ...year term of the tenancy. TD moved into the Property on or about 23 May 2022. 3. During early October 2022, OD told TD that she had decided to leave the Property to move in with her parents. On 6 October 2022, OD and TD signed a Change of Tenant form with the Property Manager which recorded that OD would leave the Property on 30 October 2022 and TD would become the tenant of the Property. The Bond Centre was advised of the change of tenant so that the Bond could be transferred into TD�...

7. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...Group Ltd [2011] NZEmpC 151. explicitly that it should be effective immediately upon being signed by both parties. … [21] Three points can be made about the Penney decision to differentiate it from Abernerthy. First, a contract was formed independently of the involvement of the mediator. Secondly, the mediator’s signature would only bring s 149(3) to bear on the parties. Thirdly, the settlement agreement did not contain a term stating that it be effective only if...

8. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...with NH and FN. 6. The scheme plan utilised the existing fence as a boundary between proposed Lot 1 and Lot 2. 7. Lot 1 faces onto [Address] and it contains the existing house and driveway. Lot 2 is at the back of Lot 1, with access via an unformed right of way over the western edge of Lot 1. In this plan, Lot 2 is 4090m2 and Lot 1 is 4109m2. 8. NH and FN engaged O Ltd (IB) to assist with preparing and filing the resource consent application. They provided a copy of ZB’s plan...

9. NP v LO & Ors [2024] NZDT 687 (26 August 2024) [pdf, 243 KB]

   ...or to allow NP to run a business? e. If there was wrongful termination or a breach, what is the remedy? Who is the contract between? CI0301_CIV_DCDT_Order Page 2 of 5 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine who the parties are in this situ...

10. Notice-of-Claim-TCRA [pdf, 2.2 MB]

    For more information visit www.justice.govt.nz/tribunals Taxation and Charities Review Authority TCRA no: Page 1 For more information visit www.justice.govt.nz/tribunals TRA 11/13 - 1 Notice of Claim Taxation Review Authorities Regulations 1998, Regulation 8 In the Matter of [Specify the appropriate Act(s), for example the Income Tax Act 2004, the Income Tax Act 2007, or the Goods and Services Tax Act 1985] Between [Full name, address, and occupation] Disputant And The Commissioner...