Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...Tamplin’s brother, Neville Tamplin, to Dr Boizard. Mr Neville Tamplin expressed to Dr Boizard his concern that Mr Tamplin may be taken overseas by Ms Valsalan and that his family would not see Mr Tamplin again if 3 that occurred. Mr Neville Tamplin requested that Dr Boizard check on Mr Tamplin as soon as possible and write a letter stating Mr Tamplin was unfit to fly. Mr Neville Tamplin also advised Dr Boizard that Mr Guest held an enduring power of attorney (EPOA) in respect of...

8. [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...

9. DM v H Ltd [2024] NZDT 872 (10 December 2024) [pdf, 149 KB]

   ...adequate fence - that would obviously not be a tenable situation. 15. The above factors lead me then to consider whether the boundary fence that existed prior to H Ltd’s removal of it would have been considered ‘adequate’. I have little information about its age or condition (although I think it was generally accepted that it was by no means new), but based on photographs provided by both parties, I consider that its mixed nature, being comprised of varying materials (including c...

10. FI v CC [2025] NZDT 105 (12 February 2025) [pdf, 208 KB]

    ...exercise reasonable care and skill of a professional appropriate to his professional status or that the final outcome produced was not reasonably fit for purpose. I say this for reasons which include: a. There were no concerns expressed about the form and function of the veneers, and I also accept the evidence from the specialist Prosthodontist Dr X, who reviewed the clinical photos taken before and after, that the restorations have been done to a good standard. b. I gave greater w...