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1. [2010] NZCA 56 CA14/2010 Petersons Global Sales Ltd v PB Engineering Ltd Ors [pdf, 33 KB]

   ...property which the Court held did not belong to them. Ground (1) misconstruction of the 2003 agreement [10] Having lost the initial rounds of the patent dispute PPSSL lacked the cash required to continue trading. So Mrs Browne’s company PGSL, formed in late 2002, entered the 2003 agreement with PPSSL to allow the business operated until then by PPSSL to continue. [11] Material provisions of the agreement are reproduced with emphasis added: [1] AGREEMENT SUMMARY The Manufact...

2. Form-44-Application-for-contempt-enforcement-proceedings-FINAL-9-December-2024.pdf [pdf, 496 KB]

   When should I use this form? This form lets you apply for a court order against the judgment debtor where they have the means to pay the judgment debt but are refusing to do so. Use this form if all the following apply: • you are the judgment creditor • the money owed in a judgment or court order has not been paid • you can show that the judgment debtor has the means to pay the debt but is refusing to do so. For example, a financial statement or financial assessment has been complet...

3. [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...

4. 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...

5. 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...

6. Berry & Ors as Trustees of the Burns Berry Trust v Lay [pdf, 301 KB]

   ...Gardens – Unit 8 page 9 of 123 01-Aug-96 CCC issued for retaining wall and drive (AC/95/0899) 01-Aug-96 CCC issued for replacing damaged piles (AC/95/8744) 01-Apr-98 Transfer of Unit 8 from E Berry to Trust 07-Feb-00 E Berry informed Taradale of cracks in plaster and possible leaks 08-Jun-01 E Berry informed Taradale of further leaks 20-Aug-01 Taradale Ponsonby Gardens Limited responded to complaints to E Berry 02-Nov-01 Taradale reports on cracks and deck...

7. AS Ltd v ZH Ltd [2014] NZDT 659 (26 September 2014) [pdf, 20 KB]

   ...TRIBUNAL [2014] NZDT 659 BETWEEN AS LIMITED APPLICANT AND ZH LIMITED RESPONDENT Date of Order: 26 September 2014 Referee: Referee Perfect ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed, the contract dated 18 March 2014 stands and the contract dated 30 April 2014 is cancelled as of the date of this order. Facts [1] On 18 March 2014 the manager of AS Limited’s Z store signed a written agreement wit...

8. CC v LL [2021] NZDT 1693 (28 May 2021) [pdf, 87 KB]

   ...puppy due to a change in his personal circumstances. He requested a refund of his deposit. LL responded, “I’ve got a person interested but he has yet to put the deposit in once he does I’ll refund your deposit.” However, LL subsequently informed CC that a few buyers had backed out, so he would not be refunding the deposit. 3. CC now claims a refund of $500.00 together with his $45.00 filing fee. The issue to be determined is whether LL is obliged to refund the deposit. Is LL ob...

9. EJ v HL & BL [2020] NZDT 1330 (10 June 2020) [pdf, 192 KB]

   ...were present at the time of sale. 12. Ms J states that she had done less than 1,000kms of travel at the time she became aware of the defects, and that the float has spent most of its time in her ownership parked at her property. Whilst this information is not able to be subject to independent verification, the defects upon which the claim are based are not in the nature of fair wear and tear but are fundamental to the structure. Minor matters, such as a wheel bearing, safety chain...

10. 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...