Search Results

1. CL v ND [2023] NZDT 12 (8 February 2023) [pdf, 194 KB]

   ...if he wished to vacate the property, to give 14 days’ notice to CL. ND claims that CL left without giving the required period of notice, and claims for unpaid rent. [2] CL said that ND brought a trailer to the property on 28 November 2022 and informed CL that he, ND, was intending to leave, which he did on that day. As no prior notice had been given, CL considered that ND should have paid rent up to 12 December. ND’s last rental payment had been made on 4 November. Allowing for the b...

2. KX v T Ltd [2023] NZDT 749 (8 December 2023) [pdf, 195 KB]

   ...without evidence to allow me to reconcile the difference in the two possibilities, KX’ case is not proven. Therefore, I must dismiss her application. Referee: C. D. Boys Date: 8 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...

3. QN v UN [2024] NZDT 197 (8 April 2024) [pdf, 99 KB]

   ...has received a payment of $386.69 from the UN. 17. Accordingly, the claim has not been proven and must be dismissed. Referee: L. Mueller Date: 8 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 for a rehe...

4. BF v XX [2023] NZDT 245 (18 May 2023) [pdf, 197 KB]

   ...the head tenant denied this and contended that she merely said he could hold off paying due to being under financial pressure when he moved in. 6. A waiver requires a clear, unequivocal representation that the party will not insist on strict performance of a contractual term. Given the conflict of evidence between the parties, I am CI0301_CIV_DCDT_Order Page 2 of 3 unable to find that the head tenant completely waived payment of the expenses rather than merely allowing them to be p...

5. TS & AS v U Ltd [2023] NZDT 240 (1 June 2023) [pdf, 96 KB]

   ...Conclusion 16. TS and AS have satisfied me that they were entitled to a refund in accordance with the terms of refundable tickets which they purchased. Referee: S Simmonds DTR Date: 1 June 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...

6. ND v F Ltd [2024] NZDT 525 (8 July 2024) [pdf, 92 KB]

   ...10. Overall, after taking into account the evidence that has been presented, I find ND has failed to prove the claim. The claim is accordingly dismissed. Referee: DTR Edwards Date: 8 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 rehe

7. LC Ltd v XU Ltd [2024] NZDT 356 (21 May 2024) [pdf, 177 KB]

   ...claimed for repair of the damage are reasonable and economical under the circumstances. XU Ltd are liable to pay LC Ltd / J Ltd $7,776.07 for the cost of repairing the damage. Referee: Kaho Date: 21 May 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...

8. N Ltd v R Ltd & TQ [2024] NZDT 418 (9 May 2024) [pdf, 185 KB]

   ...onselling them. Having SX and his lawyer deal with this falls into the category of costs under the Disputes Tribunal Act that are outside the Tribunal’s jurisdiction. Referee: J Savage Date: 9 May 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...

9. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...cladding, including chimney, fire wall and barge junctions, were constructed with harditex. The wall between the two houses is of course a fire wall. [27] On 20 September 2002 Europlast Finishes Limited (Europlast) issued a coating compliance form confirming that the polyclad flashings had been installed to specifications. A Code Compliance Certificate was issued by BBC on 11 September 2003. Page | 9 A warranty in respect of both townhouses was issued by Fosroc on...

10. BG Ltd v YT [2014] NZDT 603 (29 April 2014) [pdf, 218 KB]

    ...“security interest” (1) In this Act, unless the context otherwise requires, the term security interest— (a) Means an interest in personal property created or provided for by a transaction that in substance secures payment or performance of an obligation, without regard to— (i) The form of the transaction; and (ii) The identity of the person who has title to the collateral; and (b) Includes an interest created or provided for by a transfer of...