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1. 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...

2. 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...

3. 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...

4. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick [pdf, 355 KB]

   ...start of work the following day Employees will be rostered according to their availability. No employee will be compelled to work overnight shifts, where their availability does not specify overnight as available. From time to time you may be requested to work hours in addition to [your] work schedule. The Employer recognises that rostering hours is a difficult and contentious issue and will endeavour to ensure restaurant managers are aware of the importance of rostering empl...

5. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...May how they will share the loss. If the amount ordered is not paid the applicants may enforce the order against either or both respondents. Referee: B M Smallbone Date: Monday, 3 May 2021 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 re...

6. DE v FX [2017] NZDT 1381 (7 February 2017) [pdf, 199 KB]

   ...the sculptures were worth $3,500 each. On the other hand, FX obtained an estimate of $500 to $1,000 from JBD or $1,400 to $1,800 from BP. 15. Despite hearing evidence from the parties regarding the experience of the different valuers and the information or assumptions on which their valuations were based, it remains unclear which valuation is most accurate. Given the large element of uncertainty in valuing an art work, I have simply taken a rough average of the estimates obtained by eac...

7. N Ltd v TC [2019] NZDT 1364 (25 September 2019) [pdf, 220 KB]

   ...liable to pay that amount. 15. Based on the proportional liability finding at point 11, Ms C is liable to pay 80% of $11,937.63, being $9550.10. Referee: Date: 25 September 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to a...

8. CW Ltd v KI [2020] NZDT 1359 (21 October 2020) [pdf, 194 KB]

   ...booklet. Further KI points out that what she intended to be the interior cover could not have been the main cover as it does not contain her name as author and illustrator as one would expect to see on a main cover. I accept that there was sufficient information available to QQ that they should have realised, or at least sought to clarify, that the complete booklet was made up of two files. 12. However, unfortunately KI confirmed the mistake, first by accepting the quotation for 28 pr...

9. SN v CU & KU [2023] NZDT 167 (4 May 2023) [pdf, 160 KB]

   ...liable to contribute in equal proportions to work on a fence.” 4. The provision of the Act that is relevant is section 10. Under section 10 an occupier who wishes the adjacent occupier to contribute to the fence “shall serve him a notice in form 1 of Schedule 1 or to the like effect.” 5. Where immediate work is not required, section 10(4)(c) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to t...

10. UW v X Ltd [2022] NZDT 290 (12 December 2022) [pdf, 185 KB]

    ...downplay UW’s ability. UW contacted DQ from OQ Ltd when he didn’t get the PG2 licence from X Ltd. DQ viewed footage of UW paragliding and stated that UW could not control forward and reverse inflations sufficiently for a PG2 licence. UW was informed of this. DQ records that UW responded that he would practice. 6. The second instructor that considered UW to be too unsafe to issue a PG2 licence to at the time was OI, [redacted]. She along with three other instructors at Q L...