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1. KG v TQ [2023] NZDT 789 (22 December 2023) [pdf, 93 KB]

   ...entitled to a refund for the tree removal? 9. Section 36 (1)(a) of the Contract and Commercial Law Act 2017 states that “A party to a contract may cancel it if, by words or conduct, another party (B) makes it clear that B does not intend to - perform B’s obligations under the contract”. If a party to a contract has paid money in anticipation of the other party’s performance, but there has been a total failure to perform by the other party, the remedy is recovery of the sum paid....

2. DC v MDC [2023] NZDT 541 (5 October 2023) [pdf, 170 KB]

   ...household generally. Either way, DC cannot succeed in her claim to have either the fridge delivered to her or to have the money she transferred for it paid to her. Referee Perfect Date: 5 October 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 re...

3. NC v NO [2023] NZDT 544 (20 September 2023) [pdf, 122 KB]

   ...September 2023 at 9.15am. The respondent NO had been notified of the hearing but failed to attend, although his phone number seemed to be connected. On 16 June 2023, NO had emailed the tribunal. He acknowledged the existence of this proceeding and informed the tribunal that he was living overseas. As his phone number may have been different, he was requested to provide his overseas phone number, to facilitate a telephone hearing, but he failed to do that. Background On 4 January 2...

4. MU v OL [2023] NZDT 698 (14 December 2023) [pdf, 203 KB]

   ...the car. 21. For these reasons I am satisfied that MU has proved his claim against OL and that OL should pay for the repairs in the sum of $4,847.25. Referee: K Johnson Date: 14 December 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 rehe...

5. 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...

6. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...rules?”. [3] The starting point is, therefore, the relevant rules of the Union at the time it declined to continue to represent Mr McCartney in the matter of his personal grievance with his former employer. [4] Mr Cranney has, at the Court’s request, supplied certified copies of the Union’s rules for the years 2007 and 2008. Those were then the rules of the National Distribution Union Inc (NDU) but the fact that the rights and obligations in law of the NDU have been assumed...

7. [2021] NZACC 28 - Williams v ACC (4 February 2021) [pdf, 171 KB]

   ...appellant’s covered injury was not established. [2] The issue on this appeal is whether this decision was correct. Background [3] The appellant sustained an injury to his right foot on 28 September 2018 when, as described in an ACR45 form submitted to the Corporation, the fork of a forklift dropped onto his right foot. [4] On 28 September 2018, the appellant who then was 26, presented at the emergency department of Dunedin Hospital with a crush injury to his right fo...

8. 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...

9. 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...

10. 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...