Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. M Ltd v ND [2025] NZDT 277 (10 July 2025) [pdf, 174 KB]

   ...Dealership] driver getting in the car and driving away without any evidence of smoke coming out of the exhaust. There is no evidence to persuade me that the pistons and rings had failed or that the car was blowing smoke at the time the contract was formed. ND was driving the car around without observing any problems. c) I find that it is more likely that the car developed a problem on the way to [City 2] and this problem may have been exacerbated by continuing to drive the car for anothe...

8. DD v E Ltd [2025] NZDT 279 (23 July 2025) [pdf, 94 KB]

   ...it would have had if it had been restored by E Ltd to its pre-accident condition. [11] Thus, E Ltd must pay DD $590.00. Referee: C Hawes Date: 23 July 2025 Page 3 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...

9. Rhodes v Accident Compensation Corporation (Personal Injury) [2022] NZACC 194 [pdf, 218 KB]

   ...Hearing: 27 September 2022 Held at: Auckland/Tāmaki Makaurau Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Compensation Corporation Judgment: 4 October 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury through a series of events other than a gradual process- s 25, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 November 2021. The Reviewer dismissed an ap...

10. 31 August Legal Aid News [pdf, 547 KB]

    ...claimable for considering specified reports and reporting to the client on them. A Judge directed Lawyer for Child report is specified as a specialist report under both the COCA and the CYP Act schedules. The COCA schedule also specifies reports requested by the court under sections 132 or 133 of COCA while the CYP Act schedule specifies reports requested by the court under sections 178, 186 or 187 of the CYP Act. On occasion, we receive claims for the specialist reports fee for rep...