Search Results

1. SQ v U Ltd [2025] NZDT 185 (29 April 2025) [pdf, 244 KB]

   ...apply. 12. SQ also says U Ltd never asked him to add names. However, there is no obligation on U Ltd to ask him to add names – the obligation rests on the insured, namely SQ to tell U Ltd to add names. Other law 13. The Insurance Law Reform Act 1977 allows for exclusions under a contract of insurance to not apply if they are not relevant to the loss. However, there is a difference between an exclusion and there being no policy cover in the first place. In SQ’s case there wa...

2. AET Ltd v ZVB Ltd [2013] NZDT 196 (3 August 2013) [pdf, 54 KB]

   ...cut out of three joints. The sealant depth in two joints was satisfactory; however, the sealant in the third joint was found not to be deep enough. AET Ltd remedied the problem by putting more sealant over the existing sealant. [4] AET Ltd claims the outstanding sum of $4,224.69 plus $1,249.07 in interest and costs. [5] After some discussion, the parties agreed that the sealing depth should be half as deep as the width of a joint with a specified minimum depth. Is...

3. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

   ...hearing I was told that neither Mr Townsend nor Counsel had been aware of the company’s removal, and steps were being taken to have the company reinstated on the Register. Therefore, I am proceeding on the assumption that JTL is still a legally formed and registered company 3.8 The ninth respondent is Mr Peter Townsend, who is a director of JTL. The Owners claim that Mr Townsend has a personal liability for the claims that they have made against JTL. I will need to determine...

4. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...details of the various repair costs as particularised by the Claimants. Consequential Damages [63] The claimants also seek consequential damages being interest incurred by the claimants with the cost of remedial work carried out at their request. There is a further claim for general damages. 21 Special Damages [64] In Taylor v Auto Trade Supply Ltd & Anor13 the High Court discussed matters pertaining to special damages. In that case, the Court al...

5. C Ltd & B Ltd v SU [2024] NZDT 28 (1 February 2024) [pdf, 153 KB]

   ...26. I find that the way in which B Ltd dealt with the quoting and subsequent invoicing of this job was likely to mislead SU. 27. B Ltd made a representation that “…. we could do this for $19,979.09 + GST.” This was in response to a request by SU for B Ltd to have a look at “the quote for any savings that could be made….” 28. The quote which SU asked B Ltd to look at included the price for not only the roofing work, but also the spouting and scaffolding work....

6. IB v IY [2016] NZDT 1407 (25 Feburary 2016) [pdf, 96 KB]

   ...is claiming for the lower of these estimates. 10. Accordingly IY is liable in negligence for the estimated cost of repairs to IB’s car of $1,846.44. Referee: E Paton-Simpson Date: 25 February 2016 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 or a mistake was made. If you wish to apply...

7. BC v TG [2021] NZDT 1636 (13 October 2021) [pdf, 105 KB]

   ...circumstances. 10. For these reasons it is not proven that TG is responsible for the collision. The second issue need not be determined, and the claim is dismissed. Referee: K Rendall Date: 13 October 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 f...

8. HW v BU Ltd [2023] NZDT 3 (18 January 2023) [pdf, 175 KB]

   ...the signage was confusing, I also find that the respondent should refund the applicant the amount it charged him to tow his car, being $420.00. Referee: K. Armstrong Date: 18 January 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...

9. D Ltd v BQ & GN [2023] NZDT 27 (7 June 2023) [pdf, 91 KB]

   ...the balance of probabilities who it contracted with and therefore the application must be dismissed. Referee: Hannan DTR Date: 7 June 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...

10. TI v XY [2022] NZDT 243 (15 July 2022) [pdf, 176 KB]

    ...is to be paid to JM. JM has said that it will refund the excess to TI if it is successful in this claim. Therefore, all costs claimed have been paid by JM. Referee: W Lang Date: 15 July 2022 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...