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1. Flutey - Papatupu 2A No.2 (2016) 358 Aotea MB 38 (358 AOT 38) [pdf, 305 KB]

   ...Parker, according to counsel, attended their offices and requested copies invoices relating to the payment of the proceeds relating to the harvest. Following that, according to Ms Allen, on 28 August 2014 further correspondence was sent to Mr Parker requesting an update on progress and suggesting an interim distribution to both parties. Mr Parker replied on the same day confirming that he had instruction that no distribution was to be made. He also confirmed that he had calculate...

2. T Ltd v G Ltd [2024] NZDT 519 (2 July 2024) [pdf, 156 KB]

   ...by a party does not take effect before the time at which the cancellation is made known to the other party. The cancellation may be made known by words or by conduct showing an intention to cancel, or both. It is not necessary to use any particular form of words, so long as the intention to cancel is made known. 25. While G Ltd did not use the word cancel, by its conduct in September 2022, it made it known that it would be cancelling the distributor agreements it had in place as a resu...

3. DT v BQ Ltd [2022] NZDT 22 (15 February 2022) [pdf, 183 KB]

   ...to all or any of the $400.00 claimed? 16. Where there has been a misrepresentation established, a party is entitled to seek damages. The object is to place the aggrieved party in the position that they would have occupied had the contract been performed as originally agreed. 17. DT seeks compensation, not a full refund. She paid $1,350.00 and $110.00 cleaning fee when she booked the property. She acknowledges she stayed on for the period she was booked in to stay. However, part of the...

4. X v Y Ltd [2021] NZDT 1425 (18 March 2021) [pdf, 224 KB]

   ...c) Are Mr and Mrs X entitled to payment of the legal costs claimed? Has Y breached the Management Agreement by reducing the weekly management fee payments to Mr and Mrs X between 3 April & 28 August 2020? 4. 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 to the other party to the contract. 5. Mr and Mrs X had a Management Agreement with Y dated 7 November 2016 (the Agreement) unde...

5. BH v MW Ltd [2023] NZDT 35 (28 March 2023) [pdf, 198 KB]

   ...Should BH be granted relief or compensation and if so, how much? 6. A party to a contract may cancel the contract if, by words or actions, the other party to the contract repudiates the contract by making it clear that that party does not intend to perform its obligations under the contract (S.36 Contract and Commercial Law Act) or if the other party to the contract breaches a term of the contract (S. 37 CCLA). 7. The cancelling party may apply for relief (S.43 and 45 CCLA) and or dama...

6. J Ltd v UX [2023] NZDT 506 (25 September 2023) [pdf, 179 KB]

   ...12. As J Ltd has not proven that UX breached a term of an agreement, it is not entitled to the order that it seeks, and its claim is dismissed. Referee: K Cowie DTR Date: 25 September 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...

7. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...a photo in evidence apparently alleging it to be a photo of SB, which he denies; and c. XQ Limited’s appeal system is unsatisfactory, not user-friendly, and does not allow a Page 2 of 3 reasonable number of attempts to lodge information. 8. On the evidence however I am not satisfied SB has proven these concerns breach a standard of reasonable care and skill. I say that for reasons including: a. SB’s evidence confirms he shopped at [the supermarket] that day and...

8. 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...

9. 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...

10. SM v H Ltd [2025] NZDT 261 (10 June 2025) [pdf, 179 KB]

    ...6. Because I was not satisfied on the evidence provided that TI caused the damage to [Canoe 2], the claim of $5,500.00 for [Canoe 2] is dismissed. N Wolland Disputes Tribunal Referee 10 June 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 re...