Search Results

1. LT v B Ltd [2024] NZDT 690 (13 November 2024) [pdf, 97 KB]

   ...of this dispute, other than to seek the assistance of this Tribunal. 18. B Ltd has accordingly failed to show the claim was frivolous or vexatious. Referee: S Simmonds Date: 13 November 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 re...

2. Q Ltd v SN & TT [2024] NZDT 628 (19 August 2024) [pdf, 104 KB]

   ...$1,600.00 by 11 September 2024. Background 1. The claim seeks payment for mortgage broking services. 2. Q Ltd (BS) says that it provided services to SN and TT subject to terms and conditions, including a term that: If any work is performed by us and any approval or acceptance offer is obtained from the insurer or lender, we may charge a fee for each which you will need to pay if the insurance or loan is not availed or does not proceed. […] The fee is usually based on the a...

3. BD and NQ v R Co Ltd [2021] NZDT 1354 (12 February 2021) [pdf, 169 KB]

   ...a supplier will carry out its services with reasonable care and skill (section 28, CGA). 9. I find that RCL’s advice to NQ that it was prudent to proceed with settlement on 24 July 2020 was provided with reasonable care and skill given the information RCL had been provided about the outstanding issues identified at the pre-settlement inspection. RCL had been sent a number of photographs of the different issues, none of which appeared to be a valid reason to delay settlement in that...

4. QN v HO B Ltd [2023] NZDT 236 (22 May 2023) [pdf, 227 KB]

   ...the letterbox standing behind it; and a long fence to the left of the driveway which ran the width of the Property between the driveway and the neighbour’s fence on that side QN had the Property insured with B Ltd. 2. On 30 April 2020, QN was informed by a tenant at the Property that there had been an incident the night before when someone crashed through the Fence and damaged it. 3. QN lodged an insurance claim with B Ltd regarding the damage to the Fence. B Ltd paid out QN for t...

5. UC v DT [2024] NZDT 791 (20 September 2024) [pdf, 138 KB]

   ...termed “soft rot” at the top of the palings. 22. I therefore find that UC is not liable for a greater proportion of the costs to replace the fence. Referee: R Merrett Date: 20 September 2024 Page 5 of 5 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...

6. MT & SC v TD [2024] NZDT 888 (19 December 2024) [pdf, 111 KB]

   ...wiring system is not in reasonable working order. If so, what remedy is appropriate? 14. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. Consequential losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 15. I find that MT and SC are entitled to the figure of $3,302.00 for new carpet, and $600.00 they paid a friend to...

7. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...Kauika-Stevens was completed on his own. [41] In relation to the shed, Mr Wirihana-Tawake advises that this is now used to store urupa equipment, for which he states approval was given at one of the marae trust meetings. The trustees have previously requested Mr Kauika-Stevens remove his own equipment from the shed, which has been refused. He submitted, contrary to the applicant’s evidence, that the shed is not part of the dwelling at issue. [42] Mr Wirihana-Tawake supports th...

8. What the scheme can help with

   ...criminal trial. You may have helped in the ‘administration of justice’. This includes things like reporting a crime or giving information to the police. The accused does not have to have been prosecuted or convicted of the crime for you to be able to claim compensation. If you are in a close relationship to a witness who is victimised you may also be able to claim compensation for losses. This would be if you had a material loss from helping or caring for the witness. If you can claim money...

   Located in:

   1. Tribunals >
   2. Victims & justice >
   3. Criminal Justice Assistance Reimbursement Scheme

9. BE v W Ltd & KN [2024] NZDT 885 (15 December 2024) [pdf, 240 KB]

   ...neighbour on the other side of the fence (Mr and Mrs N) became acrimonious after BE cut down some trees on Mr and Mrs N’s property believing she had their consent to do so. In the course of her dealings with Mr and Mrs N, BE became aware from survey information provided by the Mr and Mrs N that the fence was not on the boundary. In fact, a corner of BE’s building encroached across the boundary onto the McLeod’s property. 6. BE and Mr and Mrs N were unable to resolve the boundar...

10. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

    ...being the address LE obtained for him from the 2023 electoral roll. I therefore went ahead with the hearing without BI because a Respondent is not obliged to attend the hearing of a claim made against them. This decision is based on the evidence and information before me in accordance with s42 of the Disputes Tribunal Act 1988. Issues 4. The issues I need to determine are: (a) Did BI make a representation to LE about the Baby Carrier and, if so, was LE induced by the representatio...