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1. TU v CH [2024] NZDT 819 (13 November 2024) [pdf, 149 KB]

   ...hearing by telephone conference but when CH was phoned he did not respond. 2. The absence of a respondent does not prevent the hearing from proceeding. 3. On 27 June 2024, TU purchased a second hand fridge from CH through [an online selling platform]. 4. TU paid $350.00 for the fridge. 5. The fridge frosted over repeatedly and destroyed a large amount of food. 6. TU rang CH with requested to have the fridge fixed, however, CH offered a replacement. 7. TU took the fault...

2. ER v UI Ltd [2017] NZDT 998 (16 February 2017) [pdf, 130 KB]

   ...ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] Mr ER paid $6737.00 in fees to study a course in web development at UI Ltd. He signed an ‘application/enrolment’ form on 17 April 2015 and the course commenced on 11 May 2015. [2] Mr ER asked to withdraw from the course on 22 May 2015, 11 days after the course started. The enrolment form includes a ‘withdrawal and refund policy; as per the Education Ac...

3. XI v N Ltd & T Ltd [2021] NZDT 1603 (3 August 2021) [pdf, 181 KB]

   ...While I have dismissed the claim, I do record that the representative from N Ltd offered to assist the Applicant by facilitating communication with N Ltd China. Referee: G.M. Taylor Date: 3 August 2021 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...

4. Council v HL [2020] NZDT1493 (27 February 2020) [pdf, 185 KB]

   ...requires all drivers to take all reasonable care to ensure that their actions or omissions do not cause harm to those persons they can reasonably foresee could be harmed by their actions or omissions. 5. The standard of care that drivers must conform to is that of the reasonable and prudent driver. This is an objective standard that does not take into account the weaknesses or idiosyncrasies of the person whose conduct is in question. 6. It is clear that HL did not meet this obj...

5. KN v ID Inc [2021] NZDT 1527 (13 August 2021) [pdf, 216 KB]

   ...dismissed. Referee: N Gold Date: 13 August 2021 1 Bolton and Others v Stone [1951] 1 All ER 1078 [1951] 1 All ER 1078 at 1080. 2 Spittal v Wellington City Corporation [1959] NZLR 1095 at 1107. 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 fo...

6. BG v TQ Ltd [2023] NZDT 145 (3 July 2023) [pdf, 175 KB]

   ...because that is a cost of the claim and the Disputes Tribunal Act 1988 only allows orders for costs in particular circumstances which do not apply in this case. Referee: L Trevelyan Date: 3 July 2023 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 re...

7. LT v I Ltd [2023] NZDT 723 (20 December 2023) [pdf, 106 KB]

   ...exceptional circumstances that do not apply to this case. 11. For these reasons, I find that I Ltd are liable to pay the sum of $575.00 ($500.00 + $75.00). Referee: DTR Unasa Date: 20 December 2023 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...

8. EL v MN [2023] NZDT 738 (14 December 2023) [pdf, 176 KB]

   ...K Ltd has confirmed that the cost ordered is to be paid to K Ltd who will reimburse EL for his excess. For that reason the total costs are to be paid to K Ltd. Referee: W Lang Date: 14 December 2023 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 rehe...

9. EN v T Ltd [2023] NZDT 726 (20 December 2023) [pdf, 175 KB]

   ...installed this part at no cost to EN. When EN raised concerns about the life expectancy of this part they offered to extend the warranty on it. This replacement unit had undergone testing and inspection and it was fully capable of meeting the expected performance standards. CI0301_CIV_DCDT_Order Page 2 of 3 7. The law relating to this claim is the Consumer Guarantees Act 1993. The Act requires goods to be of an acceptable quality. If goods are not of acceptable quality then the...

10. OT v KD [2024] NZDT 49 (15 February 2024) [pdf, 197 KB]

    ...car was $4,339.61. Together with towing and storage costs, J Ltd’s loss totals $15,896.78. That is the sum, therefore, that KD must pay to J Ltd. Referee: C Hawes Date: 15 February 2024 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 rehe...