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1. DX v VC Ltd [2016] NZDT 938 (27 January 2017) [pdf, 140 KB]

   ...remedy, but that they had not done so because they believed that they were not legally obliged to. He said that in any event they did offer to repair the couch in November 2015. [18] DX has given VC Ltd at least one chance to remedy via her email request to the customer service centre. That alone is enough. However I am satisfied that she also went into the A Town store to speak to the staff there after the first slat broke, because it is probable for that to have happened. On bot...

2. EM & LM v KQ [2021] NZDT 1451 (7 April 2021) [pdf, 136 KB]

   ...states that “a party may cancel contract if another party repudiates it: (1) A party to a contract may cancel the contract if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to— (a) perform B’s obligations under the contract; or (b) complete the performance of B’s obligations under the contract”. 11. From the evidence provided by both parties and the copy of the note left by KQ on 1 February 2020, it is evident tha...

3. TD v E Ltd [2023] NZDT 718 (20 December 2023) [pdf, 116 KB]

   ...CGA. 24. For these reasons I am unable to make any award for consequential losses in this case and so I find that E Ltd is liable to pay TD $1,432.00. Referee: L Trevelyan Date: 20 December 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...

4. DH & MX v SL [2024] NZDT 287 (30 March 2024) [pdf, 109 KB]

   ...the boundary fence is reinstated to the same condition that it was prior to the work being done. Therefore, this part of the claim must also be dismissed. Referee: Nicholas Blake Date: 30 March 2024 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...

5. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...applicants now have an inferior product installed in their home- over the lifetime of the kitchen at 10 years this equates to $4.10 per day, which I consider reasonable. Referee: T Prowse Date: 6 June 2024 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...

6. WD v M Ltd & Ors [2025] NZDT 202 (07 March 2025) [pdf, 203 KB]

   ...it seemed to operate as usual for about 2 months at which point she stopped paying rent and bills. He reported anecdotally that he’d heard from locals that MS had been taking goods given for consignment sale out of the shop to sell on other platforms and would then tell the owner that they had been lost. 8. He said that MS abandoned the premises owing him $25,000-$30,000.00 and that he had to deal with dozens of her disgruntled customers. He says when he entered the shop, the plac...

7. Naidu v Royal Australasian College of Surgeons [2018] NZHRRT 23 [pdf, 252 KB]

   ...present case there is no particular conduct by RACS which has any significant bearing on the issue of remedies except the fact that the statutory time limit was breached by only 11 days. The real issue is whether that delay was causative of any of the forms of harm asserted by Dr Naidu. A declaration of interference [33] While the grant of a declaration is discretionary, declaratory relief should not ordinarily be denied. See Geary v New Zealand Psychologists Board [2012] NZHC 384...

8. Cree v Accident Compensation Corporation (Interest on Compensation) [2023] NZACC 195 [pdf, 288 KB]

   ...Cree’s circumstances include: (a) Wardle v Accident Rehabilitation and Compensation Insurance Corporation:28 In Wardle, the appellant lodged a claim for cover in 1992. This claim was not accepted until 1999. After accepting cover, the Corporation requested Mr Wardle’s pre-accident earnings, which were received on 24 August 1999. The Court held that interest runs from one month after the financial information was received, namely 24 September 1999. (b) Kirk v Accident Comp...

9. [2014] NZEmpC 152 Davis v Commissioner of Police [pdf, 177 KB]

   ...and the Inspector had decided, following further inquiries, that there was simply no evidence to show that the Senior Constable had abused his position in relation to the cell incidents. The inquiry was not to be taken further. Mr Davis was informed of this at a meeting on 3 September 2009. He reacted badly, telling the Senior Sergeant that he was wrong and accusing him and the Inspector of sweeping the matter under the carpet and conducting a cover-up. He indicated that he no l...

10. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

    ...Counsel: Judgment: Introduction A20070012511 UNDER Te Ture Whenua Maori Act 1993, section 19(1)(d) IN THE MATTER OF Ngarara West B3B AND 13,15 November 2007 JOHN MAXWELL WEBSTER Applicant GRAHAM HARPER TAKARANGI as agent for the former owners of N garara West B3B Respondent Mr L Watson for the applicant Mr G H Takarangi, agent for the former owners 19 November 2007 RESERVED JUDGMENT OF JUDGE L R HARVEY [I] John Webster seeks an injunction restraining the court a...