Search Results

1. 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...

2. DM v CI & QI [2024] NZDT 442 (24 June 2024) [pdf, 144 KB]

   ...father) saw the car parked, unlocked. QI was concerned that CI was driving the car illegally as he only has a Learner’s licence. QI removed CI’s belongings from the car and disabled the car by removing a relay from under the bonnet. 5. DM was informed about what had happened and told CI to return the car to his grandmother’s house and leave it there. CI arranged for a friend’s grandfather to tow the car and it was left outside DM’s grandmother’s house. 6. When DM ret...

3. CY v K Ltd [2025] NZDT 64 (20 February 2025) [pdf, 183 KB]

   ...ORDER OF DISPUTES TRIBUNAL [2025] NZDT 64 APPLICANT CY RESPONDENT K Ltd The Tribunal orders: K Ltd is to pay CY $1033.85 on or before Thursday, 13 March 2025. Reasons: 1. CY claims that K Ltd (the company) was performing construction work on the neighbouring property and dropped nails onto his driveway and that it was a nail from the site that became embedded into his vehicle causing a flat left front tyre on 26 February 2024. 2. CY claims $1033.85 f...

4. HT v Q Ltd [2025] NZDT 100 (2 May 2025) [pdf, 176 KB]

   ...to push aside the statutory test that currently applies. On that basis the application is dismissed. Hannan DTR Disputes Tribunal Referee 02 May 2025 1 Section 12 of the CGA 2 Section 42 of the CGA. 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 reh...

5. GM v KD [2025] NZDT 134 (1 April 2025) [pdf, 179 KB]

   ...the frontal repair estimate from the net loss, would have produced a similar figure if she had adjusted to apportion the benefit of wreck value between the parties. Referee: J Perfect Date: 1 April 2025 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 reh...

6. 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...

7. 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

8. 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...

9. 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...

10. 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...