Search Results

1. EN v HM [2023] NZDT 581 (22 November 2023) [pdf, 192 KB]

   ...of the CGA and choose a refund or replacement. 9. As EN has chosen to have the purpose price refunded then HM must refund EN the purchase price in full. Referee: T Prowse Date: 22 November 2023. 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 rehe...

2. NB v TT [2023] NZDT 296 (21 July 2023) [pdf, 86 KB]

   ...Section 42 of the Disputes Tribunal Act provides that where the case of any party is not presented to the Tribunal after a reasonable opportunity has been given to that party to do so, the matter may be resolved by the Tribunal on such evidence or information as is before it. 2. According to NB’s evidence at the hearing, NB and TT were friends. TT, the owner of a bar, asked NB to weld some of the chairs for the bar, as NB is a welder. They verbally agreed on a rate of $20.00 per cha...

3. EM v EN [2024] NZDT 395 (28 May 2024) [pdf, 88 KB]

   ...that amount. 7. This matter was heard by teleconference on 24 May 2024 however the hearing proceeded in the absence of EN. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: DTR Edwards Date: 28 May 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...

4. JC v OF Ltd [2024] NZDT 397 (19 June 2024) [pdf, 87 KB]

   ...apply merits and justice when reaching a decision and having done so I find the full rental cost should be paid. 4. For this reason I allow the claim. Referee: P McKinstry Date: 19 June 2024 Page 2 of 2 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...

5. DH v FI [2024] NZDT 555 (23 July 2024) [pdf, 85 KB]

   ...the loan was a joint one. On the evidence available she has not proved on the balance of probabilities that the loan was joint. Therefore, the claim is dismissed. Referee: J P Smith Date: 23 July 2024 Page 2 of 2 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 rehe...

6. TL v L Ltd [2024] NZDT 541 (9 July 2024) [pdf, 84 KB]

   ...the respondent has been unable to supply the agreed vehicle, the applicant is entitled to a full refund of the deposit paid. Referee: Hannan DTR Date: 9 July 2024 1 Including credit card charges of $50 Page 2 of 2 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 re...

7. FD v CE [2021] NZDT 1395 (22 April 2021) [pdf, 192 KB]

   ...valid notice is one that meets the requirements set out in s10 of the Fencing Act 1978 which says; (1) Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect. (2) The notice shall— (a) specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and CI0301_CIV_DCDT_Order Page...

8. I Ltd v EX [2024] NZDT 219 (27 March 2024) [pdf, 103 KB]

   ...provide a drain repair quotation, I am not satisfied there was any agreement (or even any intention on I Ltd’s part, initially) that EX would pay for that time. It is also not clear that EX’s intention not to pay the unblocking invoices had already formed at the time of the drain repair site visit (a day after the final unblocking service). That part of the claim (for $973.87 is therefore dismissed). What invoiced amounts is EX liable to pay? 17. As per the above findings, EX...

9. C Ltd v HM [2023] NZDT 768 (18 December 2023) [pdf, 120 KB]

   ...attended the first hearing, which was adjourned because his phone battery ran out. He did not attend today’s hearing. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: a) Was a binding contract formed and, if so, what was agreed regarding delivery? b) What sum, if any, is payable? Was a binding contract formed and, if so, what was agreed regarding delivery? 6. The common law of contract allows parties to enter into legally...

10. DE v TQ [2021] NZDT 1572 (20 July 2021) [pdf, 219 KB]

    ...from B in the same manner and to the same extent as if the representation were a term of the contract that has been breached. A representation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed. If that representation induced the party relying on it to enter into the contract, and that representation turns out to be incorrect, it is a misrepresentation to which s35(1)(a) of the CCLA applies. 8. TQ advertised the Boat for sale...