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1. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...take into account BC’s submission that the incident happened in a split second. I also take into account that BC had to hit his brakes causing his wheel to lock and also hit the hazard lights and reversed. There was no other evidence of any other form of warning. 29. For these reasons I am satisfied that it is more likely than not that BC did not give any warning to TH. If not, did TH contribute to the collision? 30. BC said that TH should not have followed him but should hav...

2. MD & ND v D Ltd [2024] NZDT 626 (19 July 2024) [pdf, 232 KB]

   ...Counterclaim D Ltd The Tribunal orders: 1. MD and ND are to pay D Ltd $816.25 by 10 August 2024. 2. Within 2 days of receiving payment, D Ltd is to release all photography and videos taken over the two days for MD and ND, to be sent in the format agreed to by the parties when the contract was made. Reasons 1. MD and ND contracted D Limited (D Ltd) to organise their wedding ceremony, dinner, photos and videos which included being helicoptered to a mountain site. The...

3. [2016] NZEmpC 33 Lewis v JPMorgan Chase Bank N.A [pdf, 166 KB]

   ...NZEmpC 148 at [117]. 2 JP Morgan Chase Bank, N.A. v Lewis (also cited as JP Morgan Chase Bank NA v Lewis) [2015] NZCA 255. 3 Lewis v JP Morgan Chase Bank, N.A. [2013] NZERA Auckland 18. [3] The defendant’s submissions in support of its claims for costs against the plaintiff Robert Lewis are lengthy and comprehensive. [4] First, the defendant JPMorgan Chase Bank, N.A. (the Bank or JPMorgan) says that in view of its success in the Court of Appeal, Mr Lewis should pay it...

4. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 5. SL claims that she was guaranteed some sort of weight reduction. Howev...

5. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

   ...Occupy Site 1 was issued to that person. 9. ETL lodged a claim with the Disputes Tribunal seeking $15,000 (now increased to $30,000) for loss of income from Site 1. 10. District Council defends the claim on the basis that a contract had not been formed with ETL because a fresh Licence or a variation of ETL’s existing Licence had not been processed for ETL to occupy Site 1 instead of Site 2. District Council argued that even if a contract had been formed, District Council dispute...

6. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...assessor’s report was completed. [3] The assessor’s report concluded that there were a number of construction defects in the property including: (a) Inadequate installation of the cladding through lack of movement control joints, poorly formed external corners and poorly formed vertical cladding joints resulting in cracking. (b) Inadequate installation of the door and window joinery. (c) Insufficient coating protection. (d) Insufficiently constructed cladding bas...

7. KC v BS [2019] NZDT 1399 (17 May 2019) [pdf, 134 KB]

   ...$4375.42 from BS, being the amount that was owing to the Local Council at settlement in October 2015, some of which has since been paid to the Local Council and some of which is not yet due. 4. The issues to determine are: • Was the S Programme information disclosed to KC prior to the contract being formed? • Is BS in breach of the vendor’s warranty at clause 6.2(3) of the sale and purchase agreement? • Is BS in breach of the vendor’s warranty at clause 6.1(1) of the sal...

8. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

   ...to the court under any enactment $540 $702 3 Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table $1,350 $1,755 4 Filing a statement of claim between defendants $110 $143 5 Filing an amended statement of claim $110 $143 6 Interlocutory application (a) without notice (b) on notice relating to a proceeding to which item 2, 3, 46 or 48 applies (c) with notice (a) $200 (b) $...

9. Waitangi Tribunal theme Q - Inland waterways - lakes [pdf, 2.3 MB]

   ...between swamps, streams, rivers, and lakes are in many respect entirely arbitrary. When does a swamp ceases to be a swamp and become a lake? Also each of these entities do not exist in isolation. Swamps, rivers, and lakes of an area are interconnected, forming a catchment. In many respects they can, and perhaps should be regarded as single entities. The draining of swamps can lower the entire water table in a particular catchment having an adverse effect upon say the fisheries of a lake. 1.4.1...

10. [2020] NZEnvC 026 Burgoyne v Northland Regional Council [pdf, 98 KB]

    ...question of costs can be reserved in that matter until resolution of that appeal". 3 [7] There was no claim for costs from the Department of Conservation and nor has any application been filed subsequently. [8] The Users Group has now requested the Court consider cost issues. Basis for a claim against the Regional Council [9] Only Mr Burgoyne could possibly be seeking an order against the Council although he is not specific in his email. [1 O] This is a matter on which...