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  1. DX & SX v TZ [2021] NZDT 1687 (27 May 2021) [pdf, 191 KB]

    ...grow. Conclusion 19. For all these reasons TZ is obliged to pay DX and SX the sum of $1,430.59 in accordance with the terms of this order. Referee: Malthus - DTR Date: 27 May 2021 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 rehe...

  2. QN v NI [2023] NZDT 128 (12 May 2023) [pdf, 193 KB]

    ...claimed to be paid $6,349.61 for the costs he incurred to repair the property. 7. The issues to be resolved are: (a) Did NI agree to sell her house to QN? CI0301_CIV_DCDT_Order Page 2 of 4 (b) If not, did NI allow QN to perform work upgrading the property that she has been enriched by? (c) If so, what loss can QN show he has incurred that he is intitled to be compensated for? Did NI agree to sell her house to QN? 8. QN said that the agreement was that he...

  3. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

    ...to cancel the contract and obtain a refund of the money paid, or to claim the cost of repairs that he incurred elsewhere and so the claim must be dismissed. Referee: Souness - DTR Date: 5 February 2024 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...

  4. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

    ...if there had been. BT explained that he is a builder of some 30 years experience. 9. CL and NN presented a short written statement from HI, the director of D Ltd, who they say is a specialist in retaining and piling work, though no supporting information was presented on his qualifications, experience and/or expertise. HI’s company was contracted to carry out repair work at the property. He writes, “upon removing the concrete pad and fully exposing the foundations it became apparent...

  5. QC v N Ltd [2024] NZDT 782 (24 September 2024) [pdf, 108 KB]

    ...to call Z as a witness, nor did he provide any explanation as to what then occurred in relation to the painting assessment. 9. In these circumstances I find it more likely that not that the final product was not reasonably fit for purpose. In forming this conclusion I considered the timing of the purchase, and when the painting was completed, and I gave some weight to the possibility that some minor damage to the paint on the walls might have occurred during the open homes. However, o...

  6. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

    ...Ltd’s [vehicle] at an agreed price of $9890.00 including GST. 2. P Ltd claims $4,375.00 for the balance of the unpaid invoice of $3500.00 and collection costs of $875.00. 3. Q Ltd counter-claims $5000.00 as a refund for illegal work performed and to recover the cost of his original factory rims and tyres. 4. The issues to be determined are: a. What were the terms of the contract, and did Q Ltd breach the terms of the contract by failing to pay, or did P Ltd breach the...

  7. [2019] NZEnvC 148 Guthrie v Queenstown Lakes District Council [pdf, 2 MB]

    ...Trustees Limited & others, ENV-2019-CHC-45 (the 'Banco appeal') seeking a minimum lot size of 4,000m2 for subdivision in the WBLP, and controlled activity status for construction of buildings within approved/registered building platforms within the WBLP. 3 [2] The applicants for waiver ('waiver applicants'/'applicants') seeking to join both appeals (collectively 'PDP appeals') as 274 parties are as set out in [A]. [3] Banco Trustees Li...

  8. IH v DD Ltd [2021] NZDT 1624 (12 July 2021) [pdf, 187 KB]

    ...Council letter noted that the downstairs area could not be rented separately. It also seemed to presume that the work had been done in the 1950s when consent was not needed. I am satisfied on the basis of evidence IH produced from the Council and a former owner that the work was in fact done sometime after 1997. 9. When DD Ltd re-advertised the property on Trade Me in November 2020, in order to get a back-up contract due to IH’s difficulties obtaining finance, it stated “The downstair...

  9. SG & LN v M Ltd [2023] NZDT 715 (12 December 2023) [pdf, 220 KB]

    ...If not, are SG and LN entitled to compensation of $15,000.00 as claimed, or to any other sum? CI0301_CIV_DCDT_Order Page 2 of 5 What was agreed about the design of the Headstone? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking a...

  10. [2015] NZEmpC 171 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 488 KB]

    ...problems over her hourly rate and leave balances, there were regular errors in her LSG payslips, particularly as to overtime. She said she lodged pay queries with regard to practically every pay period. LSG maintained hardcopies of such query forms, and six only were available for production to the Court. These will be considered later. [60] At this stage, the focus, at least with regard to Ms Alim, was on whether she would transfer off the PRI CEA. There is no evidence that an...