Search Results

1. KD & KX v B Ltd [2023] NZDT 533 (21 September 2023) [pdf, 184 KB]

   ...carriage are clear that it is the responsibility of the passenger to get to the departure gate on time. KX and KD accept this. 7. To comply with the guarantees under s.28 (CGA 1993), B Ltd had to take reasonable care to ensure that KX and KD were informed when the flight was departing. CI0301_CIV_DCDT_Order Page 2 of 3 8. I find B Ltd did take reasonable steps to notify KX and KD about the updated departure time so that they could get to the gate on time. 9. I make thi...

2. AZ v S Ltd [2023] NZDT 268 (28 June 2023) [pdf, 179 KB]

   ...the water damage as being due to a water leak that was gradual in nature. The report indicates that the damage was hidden, and that the insured should not have necessarily known about it earlier. The evidence presented is that the tenants did not inform S Ltd of the leak. However, in a later conversation with AZ they told her that they had noticed it around two months prior to moving out. 8. S Ltd’s inspection took place in late April 2022. The leak wasn’t noted then, and there is...

3. ET v SK [2023] NZDT 131 (5 March 2023) [pdf, 200 KB]

   ...satisfied the campervan was most probably sold ‘in trade’. This is because I accept F Ltd provided services to BC service and ceased trading by 31 March 2019 which is when it advised Inland Revenue it ceased trading by way of a completed IR 315 form. The campervan is not listed as a retained asset of that company in CI0301_CIV_DCDT_Order Page 2 of 3 that form. I am not therefore persuaded the CGA or FTA applied to the sale and so compensation is not available to ET by consi...

4. SX v A Ltd [2023] NZDT 462 (19 September 2023) [pdf, 204 KB]

   ...following their installation instructions, and the installer, [plumbing company], has refuted this in writing saying that they believe it to be a product fault. Referee Perfect Date: 19 September 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...

5. NM & S Ltd v PT [2023] NZDT 679 (29 August 2023) [pdf, 186 KB]

   ...the second roof at cost was concluded; and iii. I did not find that the recordings of conversations between NM (who has left the company) and PT in December and January well after the quote had been accepted, and also after the work had been performed, favoured PT’s position. Instead, I found the essence of those conversations and comments such as “just say [NM] said will do both sides …. won’t have to pay any more” presented as collusion between the two, in an effort to get...

6. T Ltd v EH & Ors [2024] NZDT 789 (6 October 2024) [pdf, 183 KB]

   ...cross notice. Such notice was not given and T Ltd is not entitled to a contribution from its neighbours, the H’s. For these reasons I must dismiss the claim. Referee: C Murphy Date: 6 October 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...

7. XL v D Ltd [2024] NZDT 466 (7 June 2024) [pdf, 178 KB]

   ...actual costs of repairing damage sustained while the truck was hired to XL, even though the truck was hired to multiple other parties before a repair was arranged. Referee Perfect Date: 7 June 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...

8. KT v EP [2024] NZDT 600 (30 August 2024) [pdf, 185 KB]

   ...claimed be compensated $4,999.95 and as that amount is less than the reasonably foreseeable loss he has incurred, an order is made for that amount. Referee: Ms Cowie DTR Date: 30 August 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. QL v NQ [2025] NZDT 135 (28 March 2025) [pdf, 180 KB]

   ...boundary fence while he is the owner of the property, that is. NQ agrees to wait until there are new owners of the new lots before asking those new owners to contribute toward any boundary fence. 9. While this part of the agreement, which I note was formed when it was QL’s intention to sell empty lots, does have the effect that QL would not be contributing to the cost of a boundary fence while he owned the property, it does not provide for NQ to pay for a new boundary fence. She s...

10. BG v D Ltd [2025] NZDT 181 (5 May 2025) [pdf, 95 KB]

    ...the reduction in value of the goods. The consumer may also obtain damages from the supplier for any reasonably foreseeable loss or damage. [10] Under the CGA, a seller is entitled to an opportunity to remedy. The respondent relies on this and now requests a chance to do so. It is too late. The applicant has been requesting a remedy for over 6 months. The respondent has repeatedly refused to offer one unless it was paid for its time and or the applicant bore the cost of returning the prod...