Search Results

1. TC v L Ltd & WC [2024] NZDT 898 (6 December 2024) [pdf, 209 KB]

   ...Ltd but was told it was ‘WC’s job’. Over the following months TC attempted to contact WC to find a remedy for her cracked panes. She said that he made lots of promises to provide a remedy, but none eventuated. During this time, more cracks formed, and the condition of the windows continued to deteriorate. TC attempted to seek a remedy from L Ltd but was told that WC was not an employee of L Ltd, that L Ltd does not sell the T Ltd product, and that L Ltd had not received any paym...

2. TC & TD v NV LCRO 255 / 2011 (14 January 2013) [pdf, 138 KB]

   ...which time NV responded. He advised that he had not noted TC’s email of 16 September and then requested further information as to the date to which ground rental was paid. Finally, on 31 October, he sent a letter to the purchaser’s solicitor requesting payment of the amount due by the purchaser being $1,537.50. [15] The purchaser’s solicitor responded advising that the tenant of the property was in financial difficulties and had not paid rental and outgoings for the month of...

3. ST v UF Ltd 2020 NZDT 1410 (17 June 2020) [pdf, 155 KB]

   ...warranties for building work in relation to household units and at section 1 provides: "In every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract: (a) That the building work will be carried out (ii) in accordance with the plans and specifications set out in the contract" CI0301_CIV_DCDT_Order Page 2 of 4 6. The outcome of a grey floor with...

4. DN v DD Ltd [2022] NZDT 61 (28 June 2022) [pdf, 218 KB]

   ...said after G was injured that were more about ‘lightening’ a terrible situation and trying to make ND feel better about what had happened in the context of their friendship. I accept that and give no weight to the contents of these private and informal communications. 11. DN also says though that they always secure the dogs before leaving the property and that he expected ND would do the same. Although DN said at the hearing that he asked ND to “put them inside the house if you...

5. MS Ltd v CD [2023] NZDT 133 (11 May 2023) [pdf, 141 KB]

   ...Conclusion 15. As MS Ltd has proven it is entitled to be compensated for the total amount of $4,051.35 an order is made for that sum. Referee: K Cowie DTR Date: 11 May 2023 CI0301_CIV_DCDT_Order 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...

6. EQ v FI Ltd [2024] NZDT 394 (13 May 2024) [pdf, 138 KB]

   ...one set of keys? d. If so, what is the amount EQ is entitled to? CI0301_CIV_DCDT_Order Page 2 of 4 Was it a term of the sale and purchase contract that the [car] would be sold with two sets of keys? 5. In general, a contract can be formed in a variety of ways. It can be oral, as evidenced by what the parties discussed, or in writing, as evidenced by what the written terms are. Sometimes, a contract may include implied terms. These are things that are so obvious they go w...

7. BU v L Ltd [2025] NZDT 45 (11 February 2025) [pdf, 200 KB]

   ...L Ltd. [2] The person who dealt with this dispute for L Ltd, and communicated throughout with BU and, after he filed this claim, with the Disputes Tribunal, was named as JE. He was not available when I telephoned him for the hearing, and I was informed that he was not available. As L Ltd made no application to the Disputes Tribunal for an adjournment, and the Tribunal has no evidence relating to any reasons why the hearing should have been adjourned, the hearing proceeded in L Ltd’s ab...

8. FC & NH v LT [2024] NZDT 856 (29 August 2024) [pdf, 198 KB]

   ...if LT had paid the $30,000, NH would have gratefully received it. 13. NH took legal advice in 2024 and following a letter of demand to LT, he agreed to her suggestion she could repay the balance at the rate of $2,000 per week2 provided this was formally recorded and that interest and costs were added to the outstanding debt. These conditions were not accepted by LT and she has failed to make repayments at the rate of $2,000 per week. 14. Although there was an attempt in April 2024...

9. BD and CD v U Ltd [2023] NZDT 199 (13 April 2023) [pdf, 190 KB]

   ...be reimbursed for the success fees paid while he was a minor. 4. The issue to be resolved is whether U Ltd is entitled to keep the success fees paid by a minor. Is U Ltd is entitled to keep the success fees paid by a minor? 5. A contract is formed when two parties exchange promises that they agree to be bound by. In this case, CD promised he met the membership criteria and U Ltd granted him access to its online auction platform. There is no dispute that CD did not meet the U Ltd me...

10. D Ltd v NM [2024] NZDT 268 (3 April 2024) [pdf, 122 KB]

    ...CI0301_CIV_DCDT_Order Page 2 of 3 7. I accept the comparable invoices from similar jobs carried out by D Ltd. They are consistent in pricing with NM’s job. Referee: S Connell Date: 3/4/2024 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...