Search Results

1. QB v OL [2021] NZDT 1563 (7 December 2021) [pdf, 164 KB]

   ...referred to considering a proposal, not agreeing to a specific one, and it also suggested it would be funded by working it into the build budget. Such a plan would then be conditional on a build. At the conclusion of the text exchange, there was no formed contractual obligation, simply an invitation to submit a more detailed proposal. When QB was more specific, and suggested a figure, this amounted to an offer. As the purchasers did not reply, and the Agreement was renewed at the purc...

2. Chand and Kumari v Prakash [2012] NZIACDT 60 (28 September 2012) [pdf, 145 KB]

   ...They paid the full amount in instalments. [12] The application was declined on 30 September 2010. Mr Chand subsequently prepared to leave New Zealand and booked a flight to Fiji, as his current permit expired on 29 December 2010. [13] Mr Chand requested that Mr Prakash challenge the decision to decline the application. He supplied further information for that to proceed. [14] On 16 November 2010 Mr Chand went to Mr Prakash’s office with a support person from the temple he attended...

3. [2014] NZEmpC 233 Wills v Goodman Fielder NZ Ltd [pdf, 271 KB]

   ...Wills advised Ms Fife that the issue was troubling him, and affecting his sleep; she passed this information on to Ms Mackie. [47] On 15 December 2011, Mr Andrew forwarded Ms Mackie a summary of the functions undertaken by Mr Wills that year, as requested. He said that the main purpose of the position as outlined in Mr Wills’ position description had changed, because the bread line was no longer operating. His direct reports had been reduced by 64 per cent, and he no longer hel...

4. Maruera v Te Runanga o Ngāti Maru (Taranaki) Trust (2017) 378 Aotea MB 118 (378 AOT 118) [pdf, 389 KB]

   ...polls or hui convened for tribal purposes. Mr McErlane, for the Rūnanga, opposes the application and says that it is the Crown who have recognised the mandate of his client to act as agent for a post settlement governance entity that may be formed at some time in the future with the consent of the iwi. The purpose of that entity, he says, will then be to enter into a Deed of Settlement with the Crown to resolve all the tribe’s historical claims, if the iwi ratifies any such set...

5. PDLA Operational Policy v3.1 [pdf, 350 KB]

   Police Detention Legal Assistance Service Operational policy April 2018 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that cho...

6. SN v MT Ltd [2022] NZDT 220 (3 November 2022) [pdf, 98 KB]

   ...vehicle in a commercially operated carpark, they enter a contract with that company. The carpark operator must set out the terms and conditions of parking clearly and accurately on their signage, so the driver has reasonable opportunity to read and inform themselves of them. 6. SN argued that signage in the carpark was insufficient and unclear. He described the sign at the entrance as being very small and argued that there was not enough effort put into highlighting that it is paid pa...

7. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   ...Page 2 of 4 2017 (CCLA)). These provisions then reinforce the position of buyer beware in private sales except in limited circumstances. 11. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the CCLA provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled to damages as if the representation were...

8. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 KB]

   ...Ltd’s invoices? d) Is DS Ltd liable to pay damages for NI’s actions or omissions? What were the terms of the contract? 4. Contracting parties are generally free to agree their own terms. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. I Ltd negotiated some changes to DS Ltd’s standard terms, and although there was no signed contract until the later extension, the email trail provides sufficient evidence that both par...

9. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...home. 11. [Motor Company] diagnosed a faulty coil. SW rang L Ltd the next day and asked them to fix it for her. L Ltd offered to supply the coil free for her to have fitted at her cost, to return the car to their yard or to pay her $150. She informed L Ltd the estimate for fitting and supplying the coil was $300 - $450. It told her to find someone cheaper. 12. The car continued to ‘run rough’ and she emailed Ltd on 26 and 28 November to ask for help. SW had the car AA check...

10. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

    ...evidence, I am not able to conclude the quote was expressly discussed during these calls. Again, without more, neither party is able to show on the balance of probabilities that their recollection is more likely to be correct. 10. For a contract to be formed, there must be a clear agreement between the parties about the key terms of the contract. Here they agreed how terms of the contract would be reached – namely that an inspection of the property would occur and then M Ltd would pr...