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1. KM & LM v BN [2023] NZDT 181 (12 July 2023) [pdf, 122 KB]

   ...more; and b. BN is not entitled to a refund of the amount that she has paid. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Nicholas Blake Date: 12 July 2023 (date of issuance of amended Order) Page 5 of 5 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...

2. DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]

   ...CJ LTD tested the battery and provided data to T Ltd. T Ltd does not have (and has never had) physical possession of the battery. b. The data is inconclusive in terms of the reason for the failure. The results show no sign of reduction in performance over time, which is the common symptom of cell balance. This aligns with DC’s evidence that he did not experience any loss of performance before the sudden failure of the battery. c. A cell failure could have a range of causes incl...

3. TM v B Ltd [2024] NZDT 142 (11 April 2024) [pdf, 104 KB]

   ...problem, they began asking agents to provide customers with questions and specifically to ask them if the property is “stacked” or not. 15. SH said insurance companies do not look up house sales online to check the property and rely on the information provided them. He said that the problem became apparent when W realised it needed to ask the question to get that information. 16. Because the only evidence provided to prove TM’s claim is basically his opinion, and because SH p...

4. H Ltd v TU, DU and GU as trustees for the U Family Trust [2024] NZDT 185 (4 March 2024) [pdf, 92 KB]

   ...caused by the failure of the Trust to keep its roof clean. For this reason, it is not necessary to consider the other two issues and the claim is dismissed. Referee: Sara Grayson Date: 4 March 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...

5. HC v S Ltd [2023] NZDT 482 (6 July 2023) [pdf, 192 KB]

   ...[Shopping Mall] did not have a business lounge and was not advised of any other locations that had business lounge services. 6. The website states S Ltd provides unlimited access to a business lounge. In the hearing, S Ltd accepted its website and information including the terms and conditions did not include information about the services they could access. 7. S Ltd accepted an ordinary person would not know [Shopping Mall] did not have a business lounge and would not know they ha...

6. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [pdf, 199 KB]

   ...hearing was adjourned to give CC & TC an opportunity to provide evidence detailing the issue with the pool. They have not done this, and I advised that it would not be appropriate to adjourn the hearing again. Balancing their right to provide information and be heard against BE & NE’s right for proceedings to be resolved in a timely manner, I find it would be unjust to grant a further adjournment as CC & TC have had adequate opportunity to provide information but have not tak...

7. N Ltd v MX [2023] NZDT 387 (5 July 2023) [pdf, 99 KB]

   ...conclusion, I find no evidence N Ltd have breached their obligations under the Agency Agreement. MX is therefore liable under clause 5.2 to pay the commission due. Referee: K. Edwards Date: 5 July 2023 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 reh...

8. 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...

9. 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...

10. 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...