Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. [2024] NZEnvC 266 McCallum Bros Limited v Auckland Council [pdf, 373 KB]

   ...proved to be particularly complex. The constitution of the Court [10] The Court was co-chaired by Judge AHC Warren of the Māori Land Court who also holds an alternate Environment Court warrant, and Judge JA Smith of the Environment Court. They formed a court together with Commissioners S Myers and 5 McCallum Bros Limited v Auckland Council [2023] NZEnvC 130. 6 McCallum Bros Limited v Auckland Council [2024] NZEnvC 75. 7 McCallum Bros Limited v Auckland Council [2024] NZEnvC 72.

9. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...word “notice” in the relevant section does not refer to the means of communication of the notice and that: Where there is a contractual right to provide payment in lieu of an employee working out the notice period, then provided the employer informs the employee that his employment agreement is being terminated under a trial period clause, when termination takes effect, that he will be paid in lieu of working out the notice period, this constitutes “notice” pursuant to s 67B...

10. [2021] NZACC 171 – Estate of Simpson v ACC (5 November 2021) [pdf, 175 KB]

    ...signature on a piece of paper given that since 2005 ACC automatically awarded the highest whole person impairment rating to those diagnosed with mesothelioma. [26] She also says that ACC should have a policy of sending lump sum compensation forms with its cover decisions for mesothelioma. Decision [27] In this case the late Mr Simpson died of malignant mesothelioma on 25 June 2019 at the age of 78. He had been diagnosed with mesothelioma, according to the joint statement of f...