Search Results

1. ML v KD [2023] NZDT 757 (13 December 2023) [pdf, 190 KB]

   ...encountered difficulties starting the Car; with battery reliability; and with dashboard warning lights appearing. I accept ML’s evidence she obtained an initial diagnostic check some 5 days after purchase, which indicated a range of faults. This information was passed onto KD, however after some initial assistance, KD stopped responding to messages. ML sought legal advice and obtained a more detailed diagnostic report from DI. This noted cylinders misfiring and the need for alternato...

2. CL & HD v T Ltd & S Ltd [2023] NZDT 72 (14 February 2023) [pdf, 223 KB]

   ...report. I find that the cost of this report is a consequential loss claimable under the CGA in this case. Therefore, S Ltd must pay CL and HD, $20,348.30. Referee: Ms Gayatri Jaduram Date: 14 February 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...

3. SX v Q Ltd & TX [2024] NZDT 112 (9 February 2024) [pdf, 196 KB]

   ...management company but Q Ltd repeatedly failed/refused to do so. 14. The day before the first hearing on 5 October 2023, Q Ltd made a substantial written submission, which included multiple inspection reports that SX had never seen before, in a format inconsistent with previous reports. 15. SX files this claim seeking $25,524.32 for a partial refund of management fees and damages for multiple breaches of contract. 16. TX was joined as a second Respondent after the first hearing d...

4. NQ v TN & P Ltd [2023] NZDT 278 (1 August 2023) [pdf, 233 KB]

   ...of the agreement; and how the consumer may cancel the agreement. 9. [NQ and husband] were not provided with a quote. An invoice was sent to them after works commenced, after the first payment had been made. The invoice did not contain any information about their rights to cancel the contract at any time, nor were they advised orally of their rights. 10. NN, director of P Ltd, and TN, salesperson, attended the first hearing on 28 April 2023. They stated [NQ and husband] were advi...

5. BL & DL v L Ltd & V Ltd [2023] NZDT 304 (9 August 2023) [pdf, 191 KB]

   ...defect so that it is not of acceptable quality and accordingly they are not entitled to return the umbrella and be refunded the purchase price. Referee: K Cowie DTR Date: 9 August 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...

6. EB v U Ltd [2023] NZDT 77 (21 February 2023) [pdf, 203 KB]

   ...discussion in the hearing about what BZ had said to EB. BZ, of course, was the builder doing the work, and it was not his job to price work, or to deal with contract variations. If an alteration was to be made to the original contract specifications, information about any increase of price for that should have been given directly to EB from U Ltd itself, or from the quantity surveyor. I accept that no one from U Ltd spoke directly to EB about the increased price for breaker boards, and th...

7. UH v C Ltd [2024] NZDT 484 (12 June 2024) [pdf, 180 KB]

   ...price related to the industry standard”, and that he did not recall receiving any follow-up written contract for the recruitment. [4] TX appeared as a witness for UH. He added to what he had said in the emails cited above by stating that he had informed BI that he had asked UH to search for suitable administrative staff for C Ltd. TX described himself as having been, at the relevant time, a “jack of all trades” for C Ltd. He had been an independent contractor, and had been authoris...

8. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...established. My order therefore clarifies that ZD must immediately pay $690.00 to HX if he has not already done so. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: E Paton-Simpson Date: 4 October 2024 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...

9. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...made no order that affects J Ltd, as it will deal separately with MO regarding any obligation that it may have to him under his insurance policy. Referee: C Hawes Date: 20 June 2024 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...

10. OC v KD & BD [2024] NZDT 393 (24 April 2024) [pdf, 230 KB]

    ...breach of the vendor warranties in the Agreement, OC is entitled to a remedy. The law of contract says that this amounts to what is required “to financially restore the plaintiff to the position which it would have occupied had the contract been performed ..”1 14. OC has provided evidence that the heatpump was unable to be repaired. I find that she was therefore required to replace it and the cost of $2,800.00 seems reasonable. 15. However, OC now has a brand-new working heat...