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1. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...contact at [bank] but was advised that the bank did not want to speak directly to HY. HY offered to take photographs of the moisture meter readings for an additional fee of $200 plus GST. 4. GA decided to engage another inspector to provide the information his bank required. 5. GA now claims a refund $736.00, being 80% of the price paid on the basis that R Ltd’s report was not sufficient to satisfy the bank. Issues 6. The issues for the Tribunal to determine are: (a) Wheth...

2. TC v CC [2024] NZDT 470 (13 June 2024) [pdf, 139 KB]

   ...apparent that there had been a leak for some time, which was not covered by insurance. 12. I find that the black mould discovered in 2022 was completely cleaned up before the stairwell was regibbed and re wall papered. A record of drying conditions form was provided which the repairer had completed when undertaking the drying process. There is also evidence that an anti-microbial treatment was twice applied as a make safe. 13. I reject any suggestion that the stairwell was regib...

3. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   ...appointment dated 14 April 2014 issued by the Official Assignee to Mr Dennis Parsons, Chartered Accountant, authorising him to conduct the s 165 examinations. [3.3] The relevant parts of the s 165 examination transcripts which contain personal information about Mr Hide. [4] In compliance with that direction Mr LGA Currie on 29 March 2018 swore a supplementary affidavit of documents. Mr Currie is employed by the New Zealand Insolvency and Trustee Service (a business unit of the Minis...

4. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...Tomov v Auckland Council [2012] NZWHT Auckland 34. 4 hearing the claimants withdrew their claim against these respondents and they are therefore removed. The agent, Kim Robinson, gave evidence at the hearing after being summoned at the request of the Council. [6] The sixth respondent, PBS Distributors Limited (PBS), supplied the Ventclad cladding system to MHD. PBS complied with orders for discovery but took no other steps and did not appear at the hearing. PBS went i...

5. MM v NF Ltd [2022] NZDT 60 (31 May 2022) [pdf, 107 KB]

   ...a. I prefer the NF Ltd’s position that it is an inside facility with no outside capacity and so was prohibited from having more than 100 people; b. I do not accept that the contract was frustrated by an unexpected event which rendered the performance of the contract impossible or only possible in a very different way from what the parties contemplated, because the contract specifically anticipated and prescribed what would happen in the event of a Government Lockdown – namely that t...

6. SB Ltd v D Ltd [2021] NZDT 1686 (8 December 2021) [pdf, 113 KB]

   ...Ltd in smaller amounts on receipt of a purchase order until a new blanket order was required. In the past D Ltd’s account manager had contacted SB Ltd to let them know when a new blanket order was required. 3. In November 2019 a blanket order form had been signed by SB Ltd for around 5 pallets, which, based on usual usage, was expected to last until around December 2020 – in fact it lasted until March 2021 when the last of the jars was supplied to SB Ltd. At that time, D Ltd did n...

7. Lee & Anor [2011] NZWHT Auckland 9 [pdf, 81 KB]

   1 [2011] NZWHT AUCKLAND 9 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6422: DENNIS LEE AND SANDRA HOCKINGS-LEE – 15A SYLVANIA CRESCENT, LYNFIELD ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Dennis Lee and Sandra Hockings-Lee are the owners of a leaky home. They filed a claim under sect...

8. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...COUCH [1] This case raises three interrelated issues. The first is how the Court can conduct a de novo hearing of a costs determination made by the Employment Relations Authority. The second is the extent to which the Court should call for information when a defendant fails to take any steps in the proceeding. The third issue is the manner and extent to which a party’s financial circumstances should be taken into account in making an award of costs. [2] Ms Ford was employe...

9. T Ltd v Q Ltd [2022] NZDT 93 (2 September 2022) [pdf, 197 KB]

   ...compressor, charger and battery kit (the kit) online through Q Ltd for $1079.00. 2. Q Ltd responded to the online order that the product was not available instore and would therefore have to be ordered from the supplier. 3. On 22 July Q Ltd informed T Ltd that the kit was no longer available and refunded T Ltd his payment. 4. T Ltd is claiming $2,000.00 for the cost of purchasing the kit as to acquire the kit the individual components of the kit now have to be purchased separa...

10. SK v T Ltd [2023] NZDT 196 (12 May 2023) [pdf, 169 KB]

    ...Ltd has demonstrated they had the authority of the lessee of the land to tow vehicles from its site, his claim for a refund and associated costs does not succeed. Referee Perfect Date: 12 May 2023 Page 2 of 2 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...