Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. N Ltd v T Ltd [2024] NZDT 341 (25 May 2024) [pdf, 97 KB]

   ...https://www.legislation.govt.nz/act/public/1986/0121/latest/link.aspx?id=DLM311052 CI0301_CIV_DCDT_Order Page 2 of 3 7. In the email communications between the parties T Ltd stated that breach notices are enforced under contract law. N Ltd informed T Ltd that the driver had no authority to enter into a contract on the company’s behalf and provided supporting evidence. N Ltd also provided T Ltd with a copy of a Disputes Tribunal decision which canvasses the issue of a driver parki...

7. BE v E Ltd [2025] NZDT 244 (12 June 2025) [pdf, 184 KB]

   ...not’), that the advice given by LN was negligent or wrong. 15. BE’s claim is therefore dismissed and there is no need for me to address the second issue. Referee: R Merrett Date: 12 June 2025 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. [2025] NZEmpC 246 Lanigan v Fonterra Brands (New Zealand) Ltd [pdf, 164 KB]

   ...list of documents with regard to s 54 and s 56 of the Evidence Act. [12] The relevant aspects of s 54 relating to privilege for communications with legal advisers provide: 54 Privilege for communications with legal advisers (1) A person who requests or obtains professional legal service from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the...

9. [2011] NZEmpC 68 Army Surplus Disposals Ltd v Reed [pdf, 110 KB]

   ...produce this book to the Authority. (d) Mr Doyle claimed he could provide further evidence that Mr Reed received the money alleged if he was given time. The Authority Member allowed Mr Doyle 10 days following the investigation to provide this information but he failed to do so. [5] The determination records findings and orders as follows: [7] By operating its business on a cash basis, without documentation, the respondent has put itself in a vulnerable position. In the absence...

10. NS v L Ltd [2024] NZDT 5 (30 January 2024) [pdf, 122 KB]

    ...has passed, his claim for a refund must be dismissed because the vests he received matched the description L Ltd provided and were fit for purpose. Referee: P McKinstry Date: 30 January 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 r...