Search Results

1. HU v UX [2022] NZDT 115 (20 September 2022) [pdf, 198 KB]

   ...so how much. Did UX misrepresent the condition of the vehicle in relation to the fridge, heater or gas compliance? 13. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed, upon which the purchaser relies, and which proves to be wrong. If a misrepresentation has been proved, the other party is entitled to damages (compensation) even if the misrepresentation was innocently made, and not deliberate. 14. The...

2. LD v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 45 [pdf, 159 KB]

   ...Ms Koloni noted that she had asked the Corporation for a copy of Mr Gee’s invoice for costs and on that basis she would be providing the Corporation with a parallel invoice. [5] On 13 February 2023, Ms Koloni made an Official Information Act request to the Corporation for a copy of Mr Gee’s invoices in relation to the appellant’s matters. [6] On 17 February 2023, the Court directed that unless, by 23 February 2023, the Court heard further from Ms Koloni in relation to the ma...

3. O Homes Ltd v BL & SL [2023] NZDT 523 (12 October 2023) [pdf, 188 KB]

   ...apparently wanted some flexibility in doing so. [18] BL and SL were, of course, justified in not signing the supply agreement that was sent to them. However, as they proceeded to accept O Homes’ offer to import materials for them, they nevertheless formed a contract, albeit not in writing, with O Homes. In doing so, they must, in my view, be taken to have been aware that they would be required to pay for the costs involved in importing the goods. It was stipulated in O Home’s stand...

4. L Ltd v T Ltd [2023] NZDT 603 (13 October 2023) [pdf, 204 KB]

   ...were un-invoiced cash purchases. These other suppliers included [supplier 1], [supplier 2], and purchases of gib board off [Online auction CI0301_CIV_DCDT_Order Page 2 of 5 website]. These were to be provided by 14 July 2023. No further information was provided. Therefore, I have closed the hearing, and this decision will resolve the matter Issues 7. The issues I need to resolve are: a. What is the contractual arrangement between the parties relating to markups on ma...

5. TL v DL [2025] NZDT 60 (26 February 2025) [pdf, 102 KB]

   ...interests of justice include that an applicant has the right to have their claim heard. Looking at all the evidence it was proper for the Tribunal to continue with the hearing; e. the Tribunal statements provided by DL to B Ltd about her defence formed part of the claim documents and would therefore be considered. 4. The Issues to be resolved are: a. Did damage occur as a result of DL failing to take reasonable care? b. If so, is B Ltd entitled to $2,832.42? c. Did...

6. NU v KD Ltd & QJ Ltd & GE Ltd [2021] NZDT 1550 (9 September 2021) [pdf, 194 KB]

   ...failure. Even given the delay in having the problem diagnosed I am satisfied that this was a failure of a substantial character which would have entitled NU to reject the car and receive a refund from KD in November 2019. 14. However, NU did not formally reject the car at that point and instead opted to have the engine replaced under the QJ policy. NU says she did this because she had been told by KD that this was the best was to proceed. KD deny this. 15. NU formally rejected the...

7. DT v SC [2023] NZDT 23 (25 January 2023) [pdf, 100 KB]

   ...Ltd’s bank account while it was a registered company, and after it was removed from the register; b. I accept HI’s evidence that she contacted and spoke with SC, on behalf of the School, in early June 2022 and forwarded relevant information about the overpayment. Since that time, despite numerous emails, texts, and calls, HI and DT have not been able to make contact with SC, nor have they received a response; CI0301_CIV_DCDT_Order Page 3 of 4 c. the T...

8. BT & NS v Q Ltd [2023] NZDT 66 (26 April 2023) [pdf, 205 KB]

   ...that BT and NS, and the staff at Q Ltd, have been looking forward to an outcome. I hope this now brings the matter to a close. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Date: 26 April 2023 Page 5 of 5 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. BG v L Ltd [2023] NZDT 249 (16 May 2023) [pdf, 165 KB]

   ...outlined during the hearing, related to the deterioration in their relationship and the disagreement between them over the applicants’ complaints and their substance. This deterioration understandably escalated, particularly after the respondent informed the applicant that she or her representative, was prohibited from purchasing anything again from any of their branches. In the interest of a possible settlement, I explored with the respondent at the hearing, whether there could be a...

10. ET v T Ltd [2023] NZDT 109 (1 March 2023) [pdf, 204 KB]

    ...it was in the open position. 12. ET submitted that the physical damage to the screen was not the cause of the screen failure. 13. ET submitted that the fault he has experienced is a known problem with T Ltd flip phones. ET directed me to information available on the internet about a phenomenon known as the “black line of death”. I have read some of that information, about the experience of T Ltd flip phone users in various countries, and the description of the problem that thos...