Search Results

1. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...and MC was required, under the CGA, to give SH the opportunity to remedy the issues. He was unable to do so because of the damage done to the dentures by MC. Referee: R Merrett Date: 29 May 2020 Page 4 of 4 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...

2. BC v ME & PI [2024] NZDT 186 (14 March 2024) [pdf, 211 KB]

   ...being a total of $7036.00. What were PI’s reasonable losses and who is liable to pay them? 24. For the reasons already outlined, PI’s claim is dismissed. Referee Perfect Date: 14 March 2024 Page 4 of 4 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...

3. [2015] NZEmpC 165 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 86 KB]

   ...commencing on 27 October 2015. I just emphasise that I have very much paraphrased the nature of the two sets of proceedings. [2] Somewhat belatedly in EMPC 152/2015 the plaintiffs have sought further amendments to their second amended statement of claim. This in part is opposed by the defendant AFFCO. One of the amendments sought and which is not opposed, is of an inconsequential nature. It is something which can be attended to at the hearing without the need to formally file...

4. KM and MM v IO Ltd and LC Ltd [2020] NZDT 1408 (15 May 2020) [pdf, 217 KB]

   ...June 2020; and The claim against IO Ltd is dismissed. The issuing of this order has been delayed as a result of the COVID 19 lockdown. Reasons 1. On 19 August 2019, LC Ltd (‘LC’) entered KM and MM’s property at [Property A], and performed extensive tree pruning (‘pollarding’) on a large [Redacted] tree in their front yard. 2. IO Ltd had engaged LC to work on a tree at the front of [Property B], but LC mistakenly entered the neighbouring property belonging to KM and MM...

5. KX and NX v GV Ltd [2022] NZDT 47 (14 January 2022) [pdf, 212 KB]

   ...in s 43. None of those situations apply here. The claim for payment of the filing fee is therefore dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: R Merrett Date: 14 January 2022 Page 4 of 4 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...

6. MD Ltd v UB [2017] NZDT 1483 (12 February 2018) [pdf, 96 KB]

   ...required under CCCFA s 17? b) Did MD comply with the lender responsibility principles? c) What sum, if any, is payable? Has MD made the disclosure required under CCCFA s 17? 4. CCCFA s 17 requires a creditor to ensure that the applicable key information set out in CCCFA Schedule 1 is disclosed to the debtor before a consumer credit contract is entered into. CCCFA s 99 prohibits the creditor from enforcing a consumer credit contract before the required disclosure has been made. 5....

7. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...grounds for the applicant to cancel the contract. Furthermore, given the length of time it has taken for the parties to get to this outcome, I hope this brings some closure. Referee: Date: 30 May 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...

8. QU v LG [2023] NZDT 775 (18 December 2023) [pdf, 194 KB]

   ...lame’. QU believes this is evidence that [The horse] was not suitable for show jumping on 6 January 2022. LG’s view is that mechanical lameness does not prevent a horse from show jumping, rather that is a description of a gait that does not conform to the usual but is not associated with any pain. I prefer LG’s view for the following reasons: a. It is supported by the description of mechanical lameness in the online MSD Veterinary Manual. b. It is consistent with the [Veter...

9. TN v N Ltd [2023] NZDT 596 (23 November 2023) [pdf, 149 KB]

   ...authorised third parties must not attempt to repair the product. Examples of faults which are not included in the warranty Damage caused by water seepage from using a high pressure washer or from being submerged underwater, for example when heavy rain forms pools of water damage. Damage caused by lightning damage Damage caused by improper battery storage or battery handling damage caused by using a battery that is not [lawn mover] original battery damage. Damage caused by not using [l...

10. XN v C Ltd [2023] NZDT 273 (20 June 2023) [pdf, 198 KB]

    ...to be determined were as follows: a. Did the Respondent cause the damage as alleged? b. If so, then what is an appropriate amount to be paid by way of compensation? Did the Respondent cause the damage as alleged? 4. A person in trade performing work on a car for a customer owes a duty, whether in contract or the general law of tort, not to damage the car being worked upon. It might also be a breach of the Consumer Guarantees Act 1993. However, in a Tribunal or Court hearing ab...