Search Results

1. 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

2. LI Ltd v OZ [2022] NZDT 34 (30 March 2022) [pdf, 202 KB]

   ...was unexpected, and the resultant impact was unavoidable. 10. For these reasons the claim is dismissed, and I have not discussed the other issues. Referee: N Gold Date: 30 March 2022 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 r...

3. BD Ltd v N Ltd [2023] NZDT 165 (27 June 2023) [pdf, 92 KB]

   ...two or more persons declare their consent as to any act or thing to be done or forborne by one side for the benefit of the other side. A promise or agreement is not legally binding and enforceable as a contract unless the requirements for contract formation, including certainty of agreement, and consideration, are satisfied. In this claim, I find certainty of agreement and consideration were not satisfied. 7. I have considered the submissions and evidence presented by both parties. Timi...

4. DK Ltd v UT [2024] NZDT 338 (23 May 2024) [pdf, 91 KB]

   ...as best as he could recall with respect to this discussion, but I do not consider it supported, to any significant degree, the applicant’s version of what happened. 7) If there was no agreement to the level of a contract, even if verbal and informal, I need to also consider whether, for the purposes of the law of quasi-contract, there could be said to have been, objectively, a reasonable expectation by the applicant that he would be compensated for storage. Whilst the applicant migh...

5. 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...

6. B Ltd v IX [2019] NZDT 1392 (6 September 2019) [pdf, 213 KB]

   ...time. If she is not in a position to do so, she should contact the company to make a mutually acceptable payment arrangement. Referee: J Robertshawe Date: 6 September 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to a...

7. QN & Ors v KN [2024] NZDT 29 (28 February 2024) [pdf, 148 KB]

   ...to the car was repaired at no cost to them, as that cost was paid for by QN. 30. KN is to pay to QN the sum of $3,223.99 on or before 21 March 2024. Referee: P Byrne Date: 28 February 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 reh...

8. BQ & LI v J Ltd [2023] NZDT 519 (13 October 2023) [pdf, 208 KB]

   ...joined as an Applicant as I accept that he was a joint purchaser of the property. 3. The Applicants claim $16,771.50 comprising repair costs and inspection report costs, 5 weeks and 4 days lost rental of $1,782.86, being $520.00 a week, less LI’s former rental costs, $3,190.00 in administration time and overheads; and $6,927.25 for estimated additional repairs. 4. The issues to be determined are: a. Was the construction carried out with reasonable care and skill and was the o...

9. BD v C Ltd [2024] NZDT 63 (14 February 2024) [pdf, 120 KB]

   ...of guarantee. This is because she has acknowledged she had been willing to bid up to $1,100,000.00 at auction before C Ltd’s inspection, and based on their inspection and report, lowered her maximum bid to $950,000.00. 16. BD provided no information about other significant costs that the report highlighted which would account for such a difference. I have to infer that it was the extent of risk that the report clearly highlighted, that caused such a large reduction in BD’s maxim...

10. SU & WH v BT [2024] NZDT 79 (26 February 2024) [pdf, 102 KB]

    ...[towing company] of $644.00 was a reasonably foreseeable consequential loss; and f. In the absence of evidence to the contrary I preferred the insurer’s evidence that 7 days storage was not unreasonable in the circumstances for an assessment to be performed, and I accept that the sum claimed is supported by the invoice from [towing company]. 11. So, I order BT is to pay X Ltd the total sum of $13,614.39 on or before Monday 18 March 2024. Referee: G.M. Taylor Date: 26 Febru...