Search Results

1. 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...

2. BN & NP v NT [2024] NZDT 316 (6 May 2024) [pdf, 237 KB]

   ...Further comments include: “At some stage the accessway has also been widened to allow for vehicles passing. This has resulted in an increase in low permeable area, and the grass swales have been flattened and filled with limestone, altering the performance of the stormwater controls.” 30. Of particular note, the Conclusions and recommendations section of the report of 03 August 2023 states: “Due to the nature of the site some stormwater run off is to be expected. However, we be...

3. 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...

4. Compensation Guidelines for Wrongful Conviction and Imprisonment - Including Home Detention and Military Detention [pdf, 288 KB]

   ...extended to military detention, when imposed by the Court Martial. 8. I also propose that extension of the scheme should be backdated to 2007 for home detention (when that sentence was introduced) and to 2009 for military detention (when significant reforms to the military justice system came into force). 9. Including home detention and military detention is likely to result in a very small number of additional, successful claims – about 1 successful claim every 2-3 years for futur...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. FH v UO Ltd [2023] NZDT 16 (25 February 2023) [pdf, 193 KB]

    ...Reasons 1. In 2021, FH bought tickets for a Guns n Roses concert from UO Ltd for $570.00. The concert was originally to be held in November 2021 but was postponed because of the Covid pandemic. The new date was 8 December 2022. FH had been informed by UO Ltd that she had a credit for the new date. In October 2022, FH tried to get her new tickets. They were not recorded on her account, and despite numerous attempts to contact UO Ltd, the company failed to respond. The date for the co