Search Results

1. ES Ltd v OH & TH [2024] NZDT 214 (28 March 2024) [pdf, 134 KB]

   ...identified but, he said, ES Ltd had not been given the opportunity to do so. He provided copies of emails from OH that emphatically stated that he and TH did not want ES Ltd to return to their property. [6] EQ said that he considered the work had been performed according to the scope of works, and that he would have attended to any defects if he had been allowed to do so. He noted that the house was some 70 years old, and that precision was not always possible in placing and securing fit...

2. NM v LK [2023] NZDT 216 (13 April 2023) [pdf, 181 KB]

   ...identical except that the report provided by LK had been edited, so that the references made by the vet to lameness had been removed. It was not apparent on the face of the edited report that any changes had been made. [6] NM said that she had informed LK of the nature of her [business] and had made clear her requirement that the horse be healthy. Because the vet report provided to her by LK had been completed only a short time before, NM did not obtain another one. She said she had reli...

3. KU v T Ltd [2024] NZDT 876 (15 September 2024) [pdf, 198 KB]

   ...reasons set out in Clause 9 above, I find it has not been proved that BL’s representation prior to purchase that the [car] had suffered no water damage was false. Did BL advise KU to go ahead and have the vehicle repaired? 12. KU says he kept BL informed about what he was doing, and that BL indicated that T Ltd would pay for the repair. 13. However, BL’s evidence is that he advised KU that the General Manager made decisions about post-sale repairs. BL said that he did not tell...

4. Q Ltd v EZ [2024] NZDT 860 (30 October 2024) [pdf, 123 KB]

   ...system and therefore he incurred unnecessary additional costs. The issues to be determined are: (i) Was there proper communication regarding the cost for the first call out? (ii) Was the price charged by Q Ltd reasonable? (iii) Did Q Ltd perform its services with reasonable care and skill when it identified the fault to be with the pump and control panel? Was there proper communication regarding the cost for the first call out? CI0301_CIV_DCDT_Order Page 2 of 4 6. I...

5. BD & NT v S Ltd & C Ltd [2024] NZDT 769 (4 October 2024) [pdf, 105 KB]

   ...to replace the driveway ranging from $10,202.52 to $14,708.50 including GST. However, the clients raised a number of issues with these, including that they only covered the driveway and not the path or slab or utilities, were based on incomplete information, and appeared to be provided at “mates’ rates” by friends of the subcontractor. Also, the respondents’ quotations were based on machine removal, but this would not be possible for the path and would involve a risk of damage to t...

6. IN & TN v D Ltd [2024] NZDT 446 (23 April 2024) [pdf, 197 KB]

   ...comparing IN and TN’s finished property with one that didn’t have the compromising changes to the yard and wardrobe space, given the permanent loss of amenity. Referee Perfect Date: 23 April 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...

7. GO & NO v P Ltd [2025] NZDT 163 (13 May 2025) [pdf, 199 KB]

   ...is) not unusual. Accounts do not have to be set up ‘in store’. In the modern world consumers expect the convenience of setting up an account online or over the phone. 16. KD explained that if an account applicant provides driver’s license information as identification, the way that P Ltd verified the identification was that it was checked against the NZTA database. 17. This process would identify if a person used false (made-up) information, but it cannot identify if a person...

8. JB v BL [2025] NZDT 226 (11 June 2025) [pdf, 103 KB]

   ...firstly he says BL did not install a new cylinder head, contrary to what was agreed. 11. Secondly, JB in effect claims that the failure of the engine alone, so relatively soon following the repair is itself a sign of the service not having been performed with reasonable care and skill. 12. I note that the refurbishment was carried out in May 2023. On the evidence before me, it is clear BL had advised JB to change the radiator too, but JB did not want to do so, being unable to affor...

9. QH Ltd v XD Ltd [2022] NZDT 98 (1 September 2022) [pdf, 138 KB]

   ...(‘CCLA’)? • What is payable by XD Ltd, if anything, under the contract? Did XD Ltd accept the goods provided by QH Ltd as per the Sale of Goods provisions in the Contract and Commercial Law Act 2017 (‘CCLA’)? 9. As soon as the contract was formed, the boxes became the property of XD Ltd, irrespective of the arrangement to deliver some or all of the boxes at a later date (as per section 146 of the CCLA). 10. Section 170(1)(b) and (c) of the CCLA provides that:- �...

10. W Ltd vJ Ltd & ZD [2025] NZDT 252 (17 June 2025) [pdf, 187 KB]

    ...pay W Ltd? Is J Ltd contractually liable to pay the invoice? 5. A contract exists where two parties make promises to each other to exchange something of value. ZD, as the director of J Ltd, completed and signed a Credit Account Application Form with W Ltd and signed W Ltd’s Terms of Trade in October 2023 (Terms). The Terms set out the terms of the contract between J Ltd and W Ltd. 6. W Ltd advised that J Ltd has purchased goods from W Ltd over a number of years. W Ltd invoi...