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1. UN v IH [2025] NZDT 95 (12 May 2025) [pdf, 169 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

2. TX & AS v WU and ors [2023] NZDT 88 (22 March 2023) [pdf, 194 KB]

   ...couple. The price was much lower than they hoped but they liked the couple and wanted to help them. 12. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. The relevant contract in this case is the sale and purchase agreement dated 22 June 2022. There is a well-known principle of contract law which is “caveat...

3. USM v Q Ltd [2022] NZDT 291 (27 September 2022) [pdf, 153 KB]

   ...USM’s vehicle outside unit 3, the unit next to the gym. There are two ‘no parking’ signs on the windows, and a sign which carries the letters PO Ltd. Although the photographs do not show any details of the signs clearly, they convey enough information for me to find that USM parked in PO Ltd’s carpark. Did USM breach the terms of a contract or commit the tort of trespass? Was there a contract? 10. Q Ltd relies on the law of contract. It says the ‘no parking’ sign cons...

4. HX & H Ltd v J Ltd [2025] NZDT 75 (14 February 2025) [pdf, 198 KB]

   ...from $NZ11,213.00 to $NZ15,762.00. (e) A letter was provided from Mr T, who is known by HX, wrote that he inspected the trailer and found that the sub-frame was constructed out of steel, but the deck/tub and mudguards were all manufactured from formed aluminium. He considered that “it would appear that the trailer was in good sound workable/usable condition prior to the impact damage”. 7. HX considered the price to replace the trailer with a steel one would be $10,000.00. Ste...

5. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...apologised. [26] He says upon Mr GC’s subsequent retirement as a partner, and the Official Assignee later “becoming aware of the missing files/transactional information”, those responsibilities fell to him. He says he provided the information requested to the Official Assignee upon discovering Mr GC had not done so. (2) Application of funds received [27] Mr KY submits that following the demand made by the barrister in August 2013 for payment of outstanding fees, his “in...

6. Savage v Accident Compensation Corporation (Revision of Decision under former Act) [2023] NZACC 203 [pdf, 161 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 203 ACR 199/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GRAHAME SAVAGE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 December 2023 Held at: Auckland/Tāmaki Makaurau Appearances: The Appellant is self-represented H Ifwersen for the Accident Compensation

7. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...little damage but the galvanised post had to be replaced. That was the incident resulting in Mr Jonas’ dismissal. [10] Prior to the incident Mr Jonas appears to have had concerns about congestion in Pacific’s yard. The Court was not informed about the type of truck he drove while working for Monex but in evidence, which was unchallenged, Mr Jonas said that when he was making the deliveries for Menefy, he became concerned because, “the site was very tight for me to g...

8. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...‘reasonable care and skill’ only requires that suppliers apply reasonable judgement, which in the case of diagnostic services, requires that they go with the probabilities, applying the most likely fixes first. 11. No independent evidence, in the form of other expert opinion for example, was provided by UI and II to show that D Ltd’s recommendation to replace the seals on the 13-year old car was unreasonable in the circumstances. Further, D Ltd state that the leak appears to have...

9. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...“ahs” in clause 8 has been changed to “has”. The date for payment has been changed to 16th May 2024. In all other respects the wording of the order remains the same. Referee: G R Meyer Date: 26th April 2024 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 fo...

10. Q Ltd v UL [2024] NZDT 129 (12 March 2024) [pdf, 178 KB]

    ...lease terms. The amount due is higher than the jurisdiction of the Tribunal, however Q Ltd reduce their claim to stay within the jurisdiction of the Tribunal. 4. The matter was adjourned after the first hearing for the parties to obtain further information. When the hearing resumed, I was unable to contact UL. Calls went straight to voicemail. There were no further submissions from UL, and she had not been in contact with the Tribunal. UL had been informed of the date of the hearing. I w...