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1. SU v S Ltd [2025] NZDT 142 (14 February 2025) [pdf, 100 KB]

   ...advice must itself be provided with reasonable care and skill, even if there is no extra charge for that advice. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 6. The consumer provided a detailed report from EG of S Ltd based on a visual...

2. NK v ND [2023] NZDT 754 (7 December 2023) [pdf, 183 KB]

   ...against ND Result of application for rehearing: Rehearing Refused The Order of 5 September 2023 stands. Reasons for decision: 1. NK filed a rehearing application on 28 September 2023, dated 22 September 2023, saying he was not informed of the hearing date and had to do the hearing in his car without his notes or documents relating to the case and because of this there was confusion about the amount ND had paid him and then owed. He maintained the original price for...

3. WC v HM [2023] NZDT 486 (2 October 2023) [pdf, 173 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 486 APPLICANT WC RESPONDENT HM The Tribunal orders: The claim is dismissed. Reasons: 1. When WC moved in with her partner at [address] in February 2022, she formed a bond with a young white and ginger tabby tom cat who regularly visited her. She called him P and said the window was left open for him to come and go as he pleased. Most nights he slept in her bed. A notice was placed on the com...

4. Form-42_Civil_Victims-Order.pdf [pdf, 248 KB]

   Version 21 – October 2023 page 1 10/23 form 42 Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from...

5. LN v B Ltd [2023] NZDT 717 (4 December 2023) [pdf, 169 KB]

   ...that she would not be entitled to a refund in any circumstances. That clause may not be enforceable however there is another clause headed ‘Force Majeure’ which states that the respondent will not be liable or responsible for any failure to perform or delay in performance of any obligations that is caused by events outside its reasonable control. The New Zealand Government’s response to Covid and the resulting mandates was outside the control of the respondent. I could not order a...

6. What happens at a hearing

   On this page: Hearing location Who should attend the hearing Who can give evidence Evidence that can be presented What happens at the hearing What you should bring to the hearing Requests for adjournments Hearings are held in public and usually take 1 to 2 hours, depending on how complex the case is. The Tribunal also has the power to hear cases on the papers. If all parties agree to this process then that means you do not have to attend a formal hearing in a courtroom and the Tribunal c...

   Located in:

   1. Tribunals >
   2. Motor Vehicle Disputes Tribunal >
   3. What happens next

7. BX & Q Ltd v QH & HB Ltd [2023] NZDT 365 (8 June 2023) [pdf, 249 KB]

   ...in relation to the contract. (section 41 of the Contract and Commercial Law Act 2017 (“CCLA”) 21. 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. (s41 of the CCLA) 22. QH did not make his intention to cancel the contract known to BX until the 24 September 2020. I am not satisfied that his conduct prior to that showed an...

8. [2023] NZEmpC 218 Carrington Resort Jade LP v Knight [pdf, 146 KB]

   ...defendant was entitled to costs and timetabled an exchange of submissions. On 16 November 2023, the defendant sought costs on a Category 2B basis amounting to $4,302.2 1 Carrington Resort Jade LP v Knight [2023] NZEmpC 198. 2 The amount claimed is less than the defendant’s actual costs. [3] In response, Mr Tan accepted that Category 2B applies but four propositions were advanced that: (a) Carrington had applied in good faith and, even though it was ultimately uns...

9. Make a civil claim

   There are many different claims you can start. They usually have different fees, forms and time limits. Find out about the claims you can make in the District Court Find out about the claims you can make in the High Court Get legal help You can get a lawyer to help you make a civil claim. If you can’t afford a lawyer you may be able to get: legal aid free community legal help

   Located in:

   1. Courts >
   2. Civil >
   3. Court process

10. [2024] NZEmpC 127 Carrington Jade LP v Grant [pdf, 385 KB]

    ...had been threats of violence from Mr Cotter and Ms Grant, both of whom, it was claimed, had “stormed” into Mr Tan’s office. The plaintiffs said the decision to dismiss was made because of this threatening conduct.26 [42] Later, Mr Tan requested payroll to process Ms Grant’s timesheet as submitted. The Authority recorded that Ms Waters had advised Mr Tan that the time recorded was justified.27 [43] After Ms Grant and Mr Cotter had left Mr Tan’s office, he prepared and...