Search Results

1. UC v Council [2023] NZDT 67 (27 March 2023) [pdf, 131 KB]

   ...He said the Council monitors the growth of its build-outs and disagreed that this one was overgrown. In preparation for this hearing, he visited the site and took some photos which he provided, and considered there was no need for the Council to perform any remedial work to the vegetation. 5. NN agreed that there was some reduced visibility, but only for a small vehicle approaching that corner. The purpose of the build-out was to create some partial obstruction, and they were used all...

2. WT v DE Ltd [2024] NZDT 168 (8 April 2024) [pdf, 96 KB]

   ...repair and alterations business from part of DE Ltd’s shop. WT also ran lessons at the shop. 4. In July 2020 WT drafted a basic written agreement detailing the arrangement. Both parties signed the agreement. 5. In November 2023, DE Ltd informed WT that the agreement was cancelled. 6. WT’s claim seeks compensation (loss of income and other costs/losses) on the grounds that the cancellation was unjustified and unlawful. 7. The hearing took place in [City] on 26 March 20...

3. A Ltd & CB v X Ltd [2023] NZDT 528 (16 October 2023) [pdf, 197 KB]

   ...sufficient evidence to prove that the repairs the respondents undertook were the cause of the cooling system overheating. 15. I there find that the claim is dismissed. Referee: D Alofivae Date: 16/10/2023 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...

4. LW v XE [2023] NZDT 96 (10 March 2023) [pdf, 94 KB]

   ...invoices which mention the additional faults. 10. Accordingly, the application is dismissed and there is no need for me to address the remaining issues. Referee: R Merrett Date: 10 March 2023 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...

5. LM v U Ltd [2023] NZDT 274 (10 August 2023) [pdf, 235 KB]

   ...LM receive the terms and conditions of hire? If so, is LM bound by those terms and conditions? 4. U Ltd have provided evidence the terms and conditions were made available to LM when the booking was initially made. LM stated there was too much information provided and as his English is limited, he did not read the terms and conditions. 5. The terms and conditions are contained in a six-page document. I accept it may have been difficult for LM to read the document with English bein...

6. BT v T Ltd [2023] NZDT 274 (30 June 2023) [pdf, 176 KB]

   ...purchased a [phone] online from T Ltd. He received the phone on 5 October 2022, and within a few days it was clear that the phone could not detect the pen or stylus as it was supposed to. BT took it to T Ltd’s kiosk at [mall] on 19 October 2023. BT was informed he was entitled to a replacement phone, because this was an out of box failure (referred to as an OBF). The [phone] was sent back to T Ltd, but it was repaired instead of replaced. When BT received the phone back, while at the [...

7. X Ltd v LG [2023] NZDT 358 (28 July 2023) [pdf, 95 KB]

   ...except in certain limited circumstances (as set out in s 42). None of those circumstances apply in this instance. Therefore, this part of the claim must be dismissed. Referee: J Savage Date: 28 July 2023 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...

8. EL1 Ltd & Anor as Trustees of the Eurolife Trust v Lay [pdf, 290 KB]

   ...hearing I was told that neither Mr Townsend nor Counsel had been aware of the company’s removal, and steps were being taken to have the company reinstated on the Register. Therefore, I am proceeding on the assumption that JTL is still a legally formed and registered company 3.8 The ninth respondent is Mr Peter Townsend, who is a director of JTL. The Owners claim that Mr Townsend has a personal liability for the claims that they have made against JTL. I will need to determine...

9. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

   ...statements made by company directors, unless the statements were proven to be false. [25] Ms QM saw no evidence of collusion between Mr WR and Mr ZT. She considered that both lawyers had treated each other with courtesy and respect. [26] She had formed a view that Mr WR had responded to queries from his clients in a quiet and courteous way and concluded that Mr WR, during the course of the mediation, “came across as knowledgeable and confident in a considered thoughtful manner...

10. BI & KI v SC & KT [2021] NZDT 1710 (18 October 2021) [pdf, 126 KB]

    ...contain any promise by KT and SC to repair the guttering. However, KI requested in an email “could (we) please have the gutters emptied and the disconnected one repaired”. BC, the solicitor for the vendors, advised that KT and SC agreed to perform that work if the agreement was confirmed as unconditional. The contract went unconditional in approximately one week of KT and SC accepting to do that work. 4. BI and KI said the guttering was not repaired to a suitable standard. They pro...