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1. 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...

2. CE v FG Ltd [2023] NZDT 333 (13 July 2023) [pdf, 100 KB]

   ...contract when he agreed to the variation. I find CE is not entitled to a refund. 26. The claim against FG Ltd is dismissed. Referee: Verdun Tawhara Date: 13th day of July 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 r...

3. KI v ST [2024] NZDT 870 (17 December 2024) [pdf, 96 KB]

   ...after it occurred. She moved her steers back into the paddock and discovered that the metal farm gate was damaged, she believes, from an impact with an unknown third party vehicle. The photos show that the metal gate is dented inwards and the bolt forming part of the gate latch has been ripped out of the post. What appear to be fresh skid marks on the verge leading to the gate can also been seen in the photos. 7. ST has also provided a receipt from February 2023 to show that a new roads...

4. 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...

5. U Ltd v UH [2025] NZDT 220 (3 June 2025) [pdf, 215 KB]

   ...for payment of its invoices together with interest. 6. The issues to be determined to resolve the claim are: (a) What did UH engage U Ltd to do and was that work later varied? (b) Was it a term of the agreement that the works were to be performed by an agreed time, and if not, were the plans provided within a reasonable time? (c) Was U Ltd’s service provided with reasonable care and skill did it charge a reasonable price? 2 (d) Was UH entitled to cancel the contr...

6. Form-33a_Family-Invoice_Family-Violence.pdf [pdf, 235 KB]

   Version 21 – October 2023 page 1 10/23 form 33a Tax Invoice Family Legal Aid Fixed Fees Family Violence (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final...

7. Form-34_Family-Invoice_Maintenance.pdf [pdf, 228 KB]

   Version 21 – October 2023 page 1 10/23 form 34 Tax Invoice Family Legal Aid Fixed Fees Maintenance Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final invoice Please reco...

8. Form-33a_Family-Invoice_Family-Violence-v2.pdf [pdf, 235 KB]

   Version 21 – October 2023 page 1 10/23 form 33a Tax Invoice Family Legal Aid Fixed Fees Family Violence (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice Final...

9. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...resolve the matter, and that by 30 June 2023, HHG was to disclose all relevant documentation held by it pertaining to the matters in dispute. [12] On 4 July 2023, HHG disclosed documents which it said it had gathered in response to the disclosure request. [13] An issue then arose between the parties as to the adequacy of the disclosure which had been provided. Mr Smalley said that because disclosure was inadequate, mediation should not proceed in the meantime. 2 Smalley v...

10. Te Rununga o Ngati Hine - Determination of dispute between Te Rununga o Ngati Hine and Te Rununga a Iwi o Ngapuhi (2011) 28 Taitokerau MB 217 (28 TTK 217) [pdf, 216 KB]

    ...Pita Tipene, is the current trustee on TRAION representing the Takiwa of Ngati Hine. [27] Schedule 3 of the Deed sets out the ―Process to Withdraw‖ as required by s 20(2). It provides for a ―preliminary process of withdrawal‖ and a ―formal process of withdrawal‖. [28] TRONH has existed in one form or another since 1887. I am told that today it operates under ―tikanga‖ and is, at law, an unincorporated body. Nevertheless, it recognises that if Ngati Hine is succe...