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1. 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...

2. 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...

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

3. 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...

4. [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...

5. DH v H Ltd [2025] NZDT 80 (17 February 2025) [pdf, 198 KB]

   ...company G Ltd) it was between $44-48,000.00. DH and NC met to discuss the concept drawings and potential changes, and from there the relationship broke down to where both parties no longer wanted to continue with it. 3. The parties presented information and evidence to the Tribunal regarding the claim. I would like to reassure the parties that I have considered all information and evidence presented when reaching my decision. However, I note that this order refers only to essential ma...

6. AR v ZE LCRO 83/2012 (6 May 2016) [pdf, 109 KB]

   ...must approach Mr and Mrs AR’s application for review of the determination of the Standards Committee afresh. The parties [6] The Standards Committee processed the complaint as being a complaint by Mr AR. That is how the complaint application form was completed. The applicants for the review were recorded as “Mr & Mrs AR”. Mrs AR is not a person who could apply for a review as she was not, and had not been treated by the Standards Committee as, a complainant. However, Mr...

7. [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...

8. TQ v OC [2021] NZDT 1620 (26 July 2021) [pdf, 157 KB]

   ...recourse available to him or her. Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 6. A misrepresentation must be untrue and a statement of past or present fact. 7. It is not enough for a party to say that a representation c...

9. HN v N Ltd [2023] NZDT 146 (16 June 2023) [pdf, 212 KB]

   ...ordered to pay $48 to N Ltd by 5pm on 19 July 2023. Reasons: 2. HN had an appointment to see a doctor at N Ltd on 14th June 2022 to obtain a driver’s medical certificate. The appointment went as planned where a few checks were completed, and a form was filled which would assist HN with his driver’s licence. 3. After the appointment, HN was given an invoice for $98 by the reception at the clinic which is the subject of this dispute. 4. HN is of the view that this fee sh...

10. Bryan v Accident Compensation Corporation (Attendant Care Payments) [2024] NZACC 155 (30 September 2024) [pdf, 150 KB]

    ...Epilim was first prescribed for Jessica. Following acceptance of the claim, Ms Bryan applied for backdated attendant care for Jessica. On 29 September 2021, attendant care payments were approved and backdated to 1 April 2002. [6] Ms Bryan then requested the Corporation to consider payment for backdated attendant care for the period from 15 July 1992 to 1 April 2002. On 31 August 2022, the Corporation wrote to Ms Bryan stating that after considering the legislative requirement...