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1. LCRO 130/2021 TF v SM (8 May 2025) [pdf, 276 KB]

   ...A]’s (later, after the name change, [Liquidator A]’s) bank account. [87] Counsel speculated that Mr Z’s personal bankruptcy was looming on the horizon at the time the invoice was issued. If so, this might well have been the reason for the requested payment being directed to [Firm A]. Be that as it may, there is no reason to think that Mr Z wished the requested $4,750 to flow to the respondent. The cost estimate was for the straightforward liquidation process, not for a liqu...

2. TH v BG Ltd [2019] NZDT 1515 (12 August 2019) [pdf, 202 KB]

   ...failed to comply with all laws and legal requirements. 7. DR and his witness [Witness 1] of [Structural engineering company 2] both expressed the view that it was a “grey area” whether consent was needed. Even if that is so, DR should have informed TH that it was a grey area whether he could legally do the work without a building consent. The reason he gave for not informing her was that he assumed she already knew, because she had “done all her homework”. He claimed that she ha...

3. KI v KW [2019] NZDT 1414 (13 May 2019) [pdf, 106 KB]

   ...reasons that lay within the responsibility of KI. Did this entitle KW to cancel the contract, and if so, when was the cancellation effective? 13. A right to cancel arises where one party repudiates the contract by making it clear they will not perform it (s36 Contract and Commercial Law Act 2017 (CCLA)), or if there is a breach of an essential term (s37 CCLA). 14. There was insufficient evidence of a repudiation by KI for the following reasons: (a) Once the failure of the fir...

4. NB & QD v H Ltd [2023] NZDT 722 (18 December 2023) [pdf, 186 KB]

   ...evidence that the sub-contractors were trustworthy people, or at least H Ltd had no reason to doubt any of them. I also find that as far as Mr H was aware the house was vacant, and there was nothing in the house to steal in any event. He was not informed by the Applicants that they had placed any item in the house, and while the work had probably been completed by that time, because of the time of the year (it was CI0301_CIV_DCDT_Order Page 3 of 4 January) and because H Ltd appeare...

5. BN v P Ltd [2024] NZDT 795 (18 September 2024) [pdf, 199 KB]

   ...must repay BN $2155.14 being the amount of concrete and the compensation for his time and the contractor’s time. Referee: T Prowse Date: 18 September 2024. 1 Bloxham v Robinson [1996] 2 NZLR 664. 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...

6. GT v H Ltd [2024] NZDT 438 (11 June 2024) [pdf, 186 KB]

   ...contract. CI0301_CIV_DCDT_Order Page 2 of 4 7. The account detailed by TT is that knowing she had been in close contact with a Covid infected household member, she started taking RAT tests and had tested positive on the 21st November 2023. She informed the conference facilitator who advised she could no longer attend the workshop. As she was staying with a friend in [City] at the time and could no longer stay there she called H Ltd at 1357 hrs (As recorded in H Ltd’s evidence) t...

7. ZG Ltd v KJ Ltd [2020] NZDT 1386 (4 March 2020) [pdf, 188 KB]

   ...confirmed that KJL had ordered the wrong Theme and that ZGL had paid them for it. Accordingly, KJL must refund that amount ($270.95) to ZGL. Referee: Ms G Jaduram Date: 4 March 2020 CI0301_CIV_DCDT_Order 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...

8. KQ v HDC Ltd [2022] NZDT 153 (28 September 2022) [pdf, 96 KB]

   ...the car might have been worth about $4,000.00 at the most, but when I looked at similar cars for sale on the internet, I am of the view that $2,500.00 is more appropriate. 14. I am also satisfied that KQ had some other foreseeable losses in the form of the cost to him of using another vehicle which belonged to his mother. I am satisfied that KQ can claim $100.00 in respect of that matter. 15. The Respondents are jointly and severally liable to pay the total sum of $2,600.00. Refe...

9. EL v BN [2022] NZDT 156 (23 September 2022) [pdf, 212 KB]

   ...payment (with the law firm that holds the house settlement money currently), I reflect that agreement by ordering that BN is to pay $1040.00 directly to EL. Referee Perfect Date: 23 September 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 reh...

10. SD & QD v NU [2023] NZDT 587 (16 October 2023) [pdf, 96 KB]

    ...went overseas. NU provided a copy of the motor registration in his parents name and a copy of a bank statement showing he transferred the purchase price of the vehicle to his parents a few weeks after the sale. 8. In view of the registration information and the bank transfer, I find it likely NU’s parents were the owners of the vehicle and that NU was selling on their behalf. 9. As NU was selling on behalf of his parents, any representations made by him were made on behalf of hi...