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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 253 APPLICANT SG RESPONDENT QN RESPONDENT INSURER J Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. On 18 May 2022, QN crashed into the rear of SG’s car, which was parked. SG, who was not insured for the damage, now claims $6,000.00 from QN for the damage to his car, which was written...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1348 APPLICANT NC RESPONDENT MD The Tribunal orders: MD is to pay $665.00 to NC on or before 2 April 2021. Reasons 1. In September 2020 MD approached the neighbour of her tenanted property, NC, to consult him about shrubs/planting that she wished to have removed from a garden that straddles the boundar...
...2015 Appearances: C Patterson and A Halloran, counsel for plaintiff C Stewart and G Tanner, counsel for defendant Judgment: 24 August 2015 COSTS JUDGMENT OF JUDGE M E PERKINS [1] In a judgment dated 16 June 2015 the claims by the plaintiff (Hally) for further injunction, declarations and damages and the counter-claim by the defendant (Mr Powell) for damages and penalty were dismissed. 1 That judgment had been preceded by judgments of the Court dealin...
...remedies exist for breach of duty, including in the handling of claims; c. requires consumer insurance policies to be clear and in plain language; d. addresses some long-standing technical issues with insurance law, including: i. rules around information provided by policy holders to insurance intermediaries; ii. the operation of exclusions which are not causative of loss; iii. the ability to claim against an insurer when the policy holder is insolvent; iv. rules around time limi...
...2018 DECISION OF TRIBUNAL1 [1] In July 2015, Lorna Layton had a work place accident. The insurer in respect of her injury was Aon New Zealand Limited (Aon). Difficulties arose between Ms Layton and Aon. On 19 February 2016, Ms Layton requested Aon to provide her with her personal information. 18 March 2016 was the last working day for providing a decision on this request under the Privacy Act (PA). On 6 March 2016, Aon provided her with a copy of her file. Ms Layton...
...with the overall purpose of the Act. It is said that by s19(1) (a) of Te Ture Whenua Maori Act 1993 the Court has power to give equitable relief in a general sense. I do not believe that the subsection" can be read in that way. It concerns claims in law or equity to a right, title, estate or interest in land, which are rather a different matter. Counsel has referred to me a number of decisions including Rama v Millar [1996] 1 NZLR.262 and Day v Mead [1987] 2NZLR 443. I do not b...
...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 rehearing, you can apply online, download a form from the Disputes Tribunal website or obtain an application form from any Tribunal office. The application must be lodged within 28 days of the decision having been made. If you are applying outside of the 20 working day timeframe, you must also fill out an Application for Rehearing Out o...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2018] NZDT 1481 APPLICANT ZC RESPONDENT NU Limited The Tribunal hereby orders: NU Limited is to pay the sum of $182.50 to ZC on or before Thursday 16 August 2018. Reasons: 1. ZC had a new kilt specially made in an unusual tartan and sent from Scotland as an early birthday present for her daughter, who does highland danci...
...Director of H Ltd, H, submits that the overarching principle in contractual interpretation is determining the meaning that the document would convey to a reasonable person having all the background knowledge available to the parties when the contract was formed. The ordinary and natural meaning of the words are a powerful indicator of what the words mean. 7. H says that on 23 March 2022 he explained all clauses in the contract, including Part 7, to BP and EP, in person. He recommended...
...Introduction [1] In this proceeding, the plaintiff, Mr Vianney Tuala, has challenged de novo two determinations of the Employment Relations Authority (the Authority). 1 In its first determination dated 13 January 2015, the Authority rejected a claim by Mr Tuala that he had been unjustifiably dismissed by his former employer, the defendant, Linfox Logistics (N.Z.) Limited (Linfox). In its second determination dated 27 February 2015, the Authority made a costs award against Mr Tual...