Search Results

1. Reid v Accident Compensation Corporation [2023] NZACC 194 [pdf, 254 KB]

   ...of a vehicle. The tow bar, additional boot space and four-wheel drive were not essential injury-related features. Ms Balkiwill also confirmed that: I have reviewed the models that are included in the assessors report taking into account the requested feature above which are not essential, or where the need can be met via an alternate solution. I can confirm that the ACC contribution of $17,778 minus the client's value of her current vehicle would fund a range of vehicles wh...

2. MC v Q Association [2024] NZDT 317 (24 April 2024) [pdf, 214 KB]

   ...Association and were appointed as its representatives. Issues 10. The issues I need to determine are: (a) Did the Q Association engage MC to carry out work regarding the Extractor Fan in exchange for a fee so that there was a contract of service formed? If so, has the Q Association breached that contract by refusing to pay the Invoice? (b) If there was no contract of service, should the Q Association pay MC for the work he completed regarding the Extractor Fan under the law of q...

3. 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

4. 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...

5. UE & QO v CO Ltd [2023] NZDT 159 (23 March 2023) [pdf, 116 KB]

   Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 159 APPLICANT UE and QO RESPONDENT CO Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. This order should be read with that dated 27/10/23. 2. This dispute had its origins back in 2012 when the UE and QO’s (the applicants) home in [Street] suffered devastating and catastrophic damage in a natural disaster, a land s...

6. KW v T Ltd [2024] NZDT 195 (28 March 2024) [pdf, 203 KB]

   ...infiltration incident, where he conceded that he may have missed a scheduled spray. 5. To support his claim that the insect infiltrations were caused by poor workmanship in the installation of the unit, KW provided evidence from B Ltd in the form of an email that states in part ‘The entry point of the sensor beam wire which came in through the back of the control box was not sealed. That is where the slug could have got in and shorted the board, and as for the spraying of insec...

7. NC v KU [2023] NZDT 425 (4 September 2023) [pdf, 186 KB]

   ...car the car works fine? 5. I find that KU did not make a misrepresentation when she meet with NC and clarified that the cars works fine, and that money would need to be spent on the car to get it road legal. I make this finding on the following information: a. KU stated she informed NC that the car worked, and that money would need to be spent to get it road legal. She said NC kept making low offers to buy the car and when doing so he would say that he didn’t know if there was any...

8. 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...

9. 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...

10. 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...