Search Results

1. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...change to the shower, BC points out that that occurred before the job had even started and that the change was agreed to by WN. I accept that because the original quotation refers to the shower being tiled. The method and the cost of tiling therefore formed part of an amended scope of contract, but I am not persuaded that BC adequately made known to WN the further implications of this change in terms of needing an amendment to the Council consent, and also that the tiling and waterproofi...

2. MQ v CS [2024] NZDT 566 (29 July 2024) [pdf, 214 KB]

   ...care and skill”1. 7. This obligation extends to all parts of the job – not just the “hands on tools” work, but quoting, and communicating with the customer. 8. If a person gives a quote or estimate for a job, the price that they give forms part of the terms of the contract. 9. A quote is a fixed price. An estimate is an approximation. The extent to which a person can be held to an estimate depends on the circumstances. Sometimes an estimate is close to a quote – it is...

3. Filing a financial statement of judgment debtor individual [pdf, 362 KB]

   MOJ208/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 13 INDIVIDUAL When should I use this form? This form lets the judgment creditor find out more about a judgment debtor’s ability to pay a judgment debt. It also lets the judgment debtor provide information so that a financial assessment can be completed without a hearing being required. Use this form if all the following apply: • you are either the judgment credit...

4. [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...

5. Savage v Accident Compensation Corporation (Lump Sum Compensation) [2022] NZACC 227 [pdf, 175 KB]

   ...relevant decision had been revoked. There is no record of Mr Savage applying to review the 14 November 1998 decision. [6] In 2014, an application for a further lump sum payment was made under the 1982 Act. [7] On 3 February 2014, Mr Savage requested further lump sum compensation under sections 78 and 79 of the 1982 Act. This was on the basis that he had received new medical evidence that the 1988 lump sum payment was wholly inadequate. [8] The new medical evidence that Mr Sava...

6. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

   ...Ltd The Tribunal orders: Z Ltd is to pay to NN and OD jointly the sum of $5,232.36 on or before 18 December 2024. Reasons: 1. In January 2024, NN and OD (“the applicants”) booked a rental car using [an online booking platform]. The car was booked with Z Ltd. 2. The applicants picked up the car on 15 January 2024 in [Location 1] from Z Ltd and completed the rental agreement. 3. On 16 January 2024, the applicants had left the car parked in the [Location...

7. [2018] NZEmpC 121 Solid Roofing Ltd v Newman [pdf, 223 KB]

   ...Newman v Solid Roofing Ltd [2018] NZERA Auckland 214. determination dated 15 August 2018, the plaintiff was ordered to pay costs to the defendant in the sum of $5,000.2 [2] In addition to commencing the challenge by filing a statement of claim, the plaintiff has also filed an application for stay of proceedings. In effect, this is an application for an order staying enforcement of the monetary awards, although the application does not include the subsequent determination...

8. 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...

9. 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...

10. 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...