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1. O Ltd v DI [2022] NZDT 67 (29 March 2022) [pdf, 166 KB]

   ...6. DI did not seek further assistance from O Ltd and about a week after the initial contact, O Ltd sent her an invoice for $948.75. O Ltd.’s claim is for the amount of that invoice. 7. The issues to be determined are: • Was a contract formed between the parties? • If so, were services provided with reasonable care and skill by O Ltd? • Is part or all of the invoiced amount payable by DI? Was a contract formed between the parties? 8. I find that no contract was fo...

2. CN v NK [2023] NZDT 640 (17 November 2023) [pdf, 185 KB]

   ...arranged by the applicant. In one of these pre-purchase inspections, it was noted that the temperature dial on the dashboard was “broken.” The van’s heating/air conditioning system would only blow cold and not hot air. 3) The respondent informed the applicant that the van’s “stepper motor” would need to be replaced in order for the heating issue to be resolved. The respondent would arrange the replacement stepper motor but that would not arrive in time for the settlement o...

3. TQ v PU [2024] NZDT 266 (30 April 2024) [pdf, 194 KB]

   ...Findings 7. In his submissions TQ referred to the law relating to misrepresentation, and to the Fair Trading Act 1986. 8. TQ feels that he has been treated unfairly by PU, and he maintains that PU lied to him about the reasons for informing him that the venue was no longer available. 9. Respectfully, I do not agree that the law of misrepresentation or the Fair Trading Act 1986 are relevant to this claim. CI0301_CIV_DCDT_Order Page 2 of 4 10. TQ’s claim must be b

4. XH v T Ltd [2024] NZDT 746 (2 November 2024) [pdf, 188 KB]

   ...delays for XH and his party. 2. When a van was received by XH, the party set off for the [Region 2]. During the journey, XH was stopped by Police. XH was told that there had been complaints received by T Ltd about XH’s driving. There were no formal complaints or charges but the Police retrieved the van from XH at the instruction of T Ltd which left XH and his party of passengers stranded in [Town]. 3. XH claims $1,960.00 for breach of contract. XH further claims there was a br...

5. Respond to a civil claim

   If someone starts a civil claim against you, you need to decide if you want to respond. This is called defending the claim. There are different types of claims. They usually have different fees, forms and time limits. Find out how you can defend a claim in the District Court Find out how you can defend a claim in the High Court Get legal help You can get a lawyer to help you when a civil claim is made against you. If you can’t afford a lawyer you may be able to get: legal aid free community l...

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6. QS v SQ [2023] NZDT 56 (21 February 2023) [pdf, 187 KB]

   ...paid refunded by SQ? d) Is QS entitled to be paid $150.00 for shoes and food left behind? CI0301_CIV_DCDT_Order Page 2 of 4 What was QS’s and SQ’s agreement when QS moved into the property? 5. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. A verbal agreement can be a legally enforceable contract. Sometimes terms will be implied in a...

7. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...land or an occupation order. Vaughan is not prepared to consent to an occupation order though he is prepared to 1 23 Whangarei MB 343 (23 WH 343). 117 Taitokerau MB 248 consider some form of occupation licence once the land is vested in him. Sheree says that she is entitled to an occupation order or some other equitable interest in the land as of right. I therefore address the issues in terms of the application for an oc...

8. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...terms and conditions recognise this at clause 10. [11] DK is a consumer as above and there is no evidence to suggest he was ‘in trade’ at the time he engaged VP Limited to park his car. Even if he was, I note there is nothing on the booking form provided by VP Limited that records that he is ‘acquiring the service in trade’. Any contracting out agreement where both parties are ‘in trade’ is required to be in writing and no such agreement has been formed in this case....

9. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in which she admitted responsibility for the accident stating in explanation: “Just didn‟t see vehicle”. [4] The police attended the scene and on 11 June 2009, Ms Katz was issued with an infringement notice alleg...

10. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

    ...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...