Search Results

1. KQ v XQ AB [2021] NZDT 1715 (27 October 2021) [pdf, 214 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 5. A contract is an agreement that both parties intend to be legally bound by. There must be sufficient certainty as to the terms of the agreement to ensure there is a meeting of the minds. A contract is formed when the parties agree on the terms of the contract. 6. KQ said that as far as she was concerned they had all agreed that she could stay at the property for life and on that basis she was happy to pay for renovations to the basement tha

2. DE & Ors v UX [2025] NZDT 113 (27 March 2025) [pdf, 185 KB]

   ...$2,340.00 on or before 17 April 2025. Reasons: 1. The applicants were all flatmates in a property they rented in [Address]. They had a further flatmate, who decided to move out. 2. UX agreed to move into the property, and a change of tenant form was signed, so that UX was added to the lease for the property. 3. The applicants say that UX only stayed for about five days, before he informed them that his sister would move in but that he would continue to pay the rent. This occu...

3. CN v OQ [2023] NZDT 129 (28 March 2023) [pdf, 215 KB]

   ...damages for CN’s time. 19. For these reasons, I award damages of $1,518 to CN. These damages are to be paid by the OQ by the date set out in the order. Referee: R Burley Date: 28 March 2023 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 re...

4. SX v M Ltd [2023] NZDT 195 (26 June 2023) [pdf, 215 KB]

   ...else did the water blasting. He agreed that mud was flicked onto the vehicles and said that sometimes occurred and in those cases they usually washed the mud of and the cars were left cleaner than when they arrived. In this case, QB said the person performing the work forgot to wash off any mud flicks. When QB was notified of the issue several days later, he apologised an offered to have the cars washed, however, by then insurers had become involved. 11. QB provided a video to demonstra...

5. KK v W Ltd [2025] NZDT 8 (29 January 2025) [pdf, 122 KB]

   ...Did F Ltd fail to provide services to KK with reasonable care and skill? 5. The law of contract and the Consumer Guarantees Act 1993 (“the CGA”) apply. When a supplier provides services of any kind to a customer, a contract of services is formed. I am satisfied that there was a contractual relationship formed between KK and F Ltd when KK engaged F Ltd to deliver gas bottles to her property. A formal written contract, or a contract for a specified term, is not required for the law

6. KS v G Ltd & D Ltd [2025] NZDT 221 (17 June 2025) [pdf, 188 KB]

   ...the experience, I agree that it detracted from what KS had contracted to receive. 17. I therefore find that a nominal award of damages should be made to compensate for the stress KS incurred. In determining the amount, there is no mathematical formula I can apply. I must also take into account that KS still travelled on the scheduled flight at the correct time and that the only thing that changed was the class of the seat and service. I have therefore determined that KS should be pai...

7. LM v CQ [2025] NZDT 272 (3 June 2025) [pdf, 188 KB]

   ...necessary to address the other issues set out in Clause 6 above. Because the claim against CQ has not been proved, it is dismissed. TJ Tunnicliffe, Jeanette Disputes Tribunal Referee 03 June 2025 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...

8. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...relied on the Corporation’s referral and Dr Waite’s report and trusted that her covered injuries would be updated to cover for CRPS. The Corporation had a responsibility to follow through and approve cover once it received the reports it had requested. The Corporation’s failure to extend cover for CRPS, or at least advise Ms Watson of the need for her to lodge a claim for such cover, shows a picture of neglect by the Corporation. The Corporation failed to issue a cover deci...

9. 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...

10. TB v X Ltd [2022] NZDT 133 (25 August 2022) [pdf, 135 KB]

    ...parties? (b) Did X Ltd breach the terms of the contract? (c) Is X Ltd liable to pay TB all or any part of the amount claimed of $1,662.50? What were the terms of the contract between the parties? 4. The law of contract says that a contract is formed when there is offer, acceptance, consideration is paid, and the parties intend to be legally bound. The law of contract also provides that the rights and obligations of each party under the contract can be found in the terms of the contra...