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1. HT v CJ Ltd [2019] NZDT 1508 (2 October 2019) [pdf, 181 KB]

   ...witness to the conversation, HT’s account is accepted as the best evidence of what was discussed. 7. The terms of a contract are generally determined by agreement at the time of the contract. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this situation, it was understood that the detail of the cover would be contained in the policy document, but the basic contract was already formed before the document was received. I...

2. KB v O Ltd [2024] NZDT 192 (14 March 2024) [pdf, 203 KB]

   ...contract, and if so, what damages are reasonable? Was the kitchen design chosen by KB in December 2021, a variation to the contract? 5. I find that the L-shaped kitchen design selected by KB in December 2021 was a variation to the contract formed with O Ltd for purchase of the property. The L-shaped kitchen design, incorporating a double-doored fridge, was clearly offered as one of two options, by G on behalf of O Ltd in an email dated 14 December 2021. CI0301_...

3. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

   ...was a high wind/high exposure zone. In terms of his brief it was incumbent upon Mr Tribe to draw the attention of Mrs Brockie to this design weakness and the likelihood of it increasing the possibility of leaking so that she could make an informed decision. [30] A major area of leaking in this property was at the door thresholds and the deck. The deck had no fall. Mr Tribe was asked if he had used a spirit level to establish there was a fall. He said he did not and he h...

4. DC v NL [2024] NZDT 263 (25 January 2024) [pdf, 172 KB]

   ...8. In conclusion, I find that NL did not breach the CGA and therefore DC is not entitled to any compensation, therefore the claim is dismissed. Referee: Sara Grayson Date: 25 January 2024 Page 3 of 3 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 rehe

5. KQ v LI [2023] NZDT 593 (6 November 2023) [pdf, 93 KB]

   ...hearing LI’s phone number was [redacted]. The Referee noted that LI initially answered then hung up, then did not answer 2 further calls. Then later that day he called the court and provided his wife’s number to be used, not the number in the claim form. Referee: J Savage Date: 6 November 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made...

6. KQ v UN [2024] NZDT 52 (19 January 2024) [pdf, 127 KB]

   ...damage to [car 2]. This is sufficient proof of liability in a civil claim. UN is therefore liable for the total repair costs for both cars of $10,237.93. Referee: E Paton-Simpson Date: 19 January 2024 Page 3 of 3 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...

7. NC v HU [2023] NZDT 692 (21 December 2023) [pdf, 193 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

8. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...SECOND RESPONDENT TC The Tribunal orders: The claim is dismissed. Reasons: 1. In September 2023, TT purchased a tenanted two-bedroom apartment with a carpark in [suburb] from TC for $29,000.00 at an auction held by D Ltd. TT was informed by the tenants during the pre-settlement inspection that there was a leak in the sink and shower. Settlement went ahead, but TT subsequently resold the apartment to her property manager, who had originally managed the property for TC...

9. Slinger v Zhou [2015] NZIACDT 38 (15 April 2015) [pdf, 242 KB]

   ...it (clause 1.5(a)); and [8.1.4] She did not set out the fees and disbursements before commencing work that incurred costs (clause 8(b)). [8.2] That Ms Zhou breached clauses 1.1(a) and (b) of the 2010 Code; those provisions required Ms Zhou to perform her services and carryout the lawful informed instructions of clients with due care, diligence, respect and professionalism. The particulars of the alleged breaches of those obligations were: [8.2.1] In July 2011, the applicants engaged M...

10. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

    ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...