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1. UE v TF & KD [2024] NZDT 652 (9 September 2024) [pdf, 196 KB]

   ...damages in the sum of $23,000 which is the cost of a new engine. 3. The matter was first heard on 25 June 2024 before DTR Wilson. Partway through the hearing, a report was mentioned that was supplied by KD to UE which allegedly contained incorrect information. The matter was adjourned to give UE the opportunity to add KD as a Second Respondent after which the hearing was to be started afresh. 4. I heard the matter today with KD present as a Second Respondent. Issues: 5. After...

2. DI v KB Ltd and others [2024] NZDT 679 (28 August 2024) [pdf, 99 KB]

   ...enquired about whether the van was insured; she had assumed that it was because she considered it to be a courtesy car, provided in the course of OL’s business to SD. [4] On 29 January 2024, DI had an accident while driving the van. Her father had informed SD about this. After some discussion, SD had said that he and OL would sort the matter out with the insurer of the other party to the accident. [5] DI was subsequently found liable in a separate Disputes Tribunal proceeding for t...

3. SP v MT [2024] NZDT 851 (21 October 2024) [pdf, 139 KB]

   ...purchased a car for $8200 that was advertised [online] by MT. 2. SP flew to [City 1] collected the car that had been left out for him and drove 900 odd kms back to [Town]. 3. A few weeks later SP contacted MT to complain about the gearbox and to inform him that it needed work. There had been an earlier complaint about the dipstick having broken wand and a broken filler flap, these costs are included in the claim. 4. SP claims $3279, comprising $2583.54 for a gearbox repair plus c...

4. [2011] NZEmpC 68 Army Surplus Disposals Ltd v Reed [pdf, 110 KB]

   ...produce this book to the Authority. (d) Mr Doyle claimed he could provide further evidence that Mr Reed received the money alleged if he was given time. The Authority Member allowed Mr Doyle 10 days following the investigation to provide this information but he failed to do so. [5] The determination records findings and orders as follows: [7] By operating its business on a cash basis, without documentation, the respondent has put itself in a vulnerable position. In the absence...

5. NS v L Ltd [2024] NZDT 5 (30 January 2024) [pdf, 122 KB]

   ...has passed, his claim for a refund must be dismissed because the vests he received matched the description L Ltd provided and were fit for purpose. Referee: P McKinstry Date: 30 January 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 for a r...

6. ZE v NE [2022] NZDT 90 (26 August 2022) [pdf, 177 KB]

   ...Page 2 of 3 8. For these reasons I find that NE was not negligent and is not responsible for the cat’s distressing injuries nor the costs to treat them. Referee Perfect Date: 26 August 2022 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...

7. DQ v BH [2024] NZDT 810 (15 November 2024) [pdf, 91 KB]

   ...salvage amount obtained for the wreck. 2. The dispute centres around the pre-accident value PAV) used in J Ltd’s calculations. The vehicle was insured with an ‘agreed value’ of $2750.00 and the assessor has noted on the repair assessment form that PAV is $2750.00. An ‘agreed value’ for insurance purposes is not necessarily the same as a market value, and it is market value just prior to the collision that is used for an accurate measure of damages resulting from negligence....

8. EG v WN Ltd [2017] NZDT 1423 (8 December 2017) [pdf, 187 KB]

   ...was for a “full international relocation”. This suggests that all goods were to be shipped for the price. However, this wording does not colour any objective interpretation of the words of the quote. The invoice was sent after the contract was formed and the wording was simply generated by the company billing system. 10. In summary, the clarity with which the contract defines the price based on one container cannot be overlooked. The contract price of $9,180.00 was for only o...

9. QC v S Ltd [2024] NZDT 549 (19 July 2024) [pdf, 184 KB]

   ...not that the wrench was mistakenly left out of the items given to QC, I find that QC is entitled to a refund of the money he has paid for the item, which is $90.00. Referee: M Wilson Date: 19 July 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 for a reh...

10. Form-32_Family-Invoice_Care-of-Children.pdf [pdf, 222 KB]

    Version 21 – October 2023 page 1 10/23 form 32 Tax Invoice Family Legal Aid Fixed Fees Care of Children/Guardianship Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final inv...