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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. A Ltd v X Ltd [2021] NZDT 1661 (14 November 2021) [pdf, 210 KB]

   ...Does the cleaning invoice properly reflect the hours worked? d. Is A Ltd entitled to the $2,650.19 claimed, or to any other sum? What were the terms of the contract between CL and A Ltd? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...

3. [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...

4. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...rent means that over the three year term of the Smailes' lease the plaintiff received $13,876.98 plus GST less than under the former lease. The plaintiff attributes this reduction in rent to breaches of covenant by the defendants and this forms the basis for the claim. Hearing of Application A judicial conference between the parties was held on 27 July 2000. This dealt with procedural matters. The application was then set down for hearing on 30 November 2000 and is recorded a...

5. CEIT Annual Report 2022 [pdf, 446 KB]

   ...policy. The effect of conditional settlement agreements [36] An insurer and homeowner had agreed to a settlement with conditions allowing for an additional payment should enhanced foundations be required once the rebuild was underway. The homeowner requested, and the insurer granted four extensions to complete the foundation assessment. A fifth request for an extension was declined, and the homeowner applied to the Tribunal. The Tribunal found that the insurer was not required to g...

6. Body Corporate 180379 and Unit Owners of Fox Terrace Apartments v Auckland Council procedural order [pdf, 40 KB]

   ...Council in respect of Unit F is not statute barred. They say that the multi unit claim which incorporated the 12 existing claims is effectively one claim filed on one date, and not a series of different claims being dealt with together. Unit F forms part of this one claim and therefore cannot be separately statute barred. 10. It is the view of the Tribunal that the provision in the 2006 Act allowing representative claims in respect of multi-unit complexes to be brought is...

7. 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...

8. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...some of the glasswork had to be replaced because it could not be buffed. 11. While I have taken into account N Ltd’s claims regarding the cause of the damage, and accept that carwash malfunctions may indeed occur frequently, I do not have information on at which stage of the carwash malfunctions occur (suds, scrub, rinse etc) and so it is unclear whether these vehicles involved were similarly left with suds on them for a prolonged period of time. Therefore, I do not accept N L...

9. CU v EM & ors [2024] NZDT 272 (2 May 2024) [pdf, 102 KB]

   ...1]. 20. Therefore I must find that the Disputes Tribunal does not have jurisdiction to hear and determine the claim, and the claim must be struck out. Referee: Nicholas Blake Date: 2 May 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...

10. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

    ...prior to the accident which happened on 21 June 2021. On 5 June 2021, the vet notes that Noah is an “older dog, appetite a little picky of late, a bit reluctant to eat the biscuit senior … a bit stiff on back leg intermittently … some cataract formation …. Does bump into glass doors at night …. Discuss geriatric blood screen soonish”. Four days after the accident the vet said “Noah is ambulating ok for his usual arthritic age”. 21. The evidence from the vet shows that No...