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1. EC v SX & HN [2023] NZDT 320 (3 August 2023) [pdf, 183 KB]

   ...redemption cost of the two vehicles already returned and the towing cost, as EC did not have the opportunity to reassemble the [motorcycle 1] before its return. Referee: E Paton-Simpson Date: 3 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 f...

2. FT v MU & T Ltd & U Ltd [2023] NZDT 470 [pdf, 227 KB]

   ...between T LTD and AB arising out of that separate agreement which Mr FT was not part of. c. It does remove T LTD’s primary liability to Mr FT to pay for the shipping costs of the FT container after receiving full payment for those shipping cost form Mr FT. 12. I find in breach of the contract between T LTD and Mr FT, T LTD has not paid U Ltd’s cost of shipping Mr FT’s container to [Country 1]. T LTD is therefore liable to pay the reasonable proven losses that arise out of that...

3. SM v BN & NN [2024] NZDT 387 (5 June 2024) [pdf, 192 KB]

   ...The issues I have to consider are: a. Who was the contract between? b. Was there a misrepresentation that induced SM into the purchase? c. If so, what remedy is appropriate? Who was the contract between? 7. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only be enforced against the parties to the contract, so it is important to determine whether BN or NN was selling the c...

4. BS v NT [2025] NZDT 51 (13 March 2025) [pdf, 188 KB]

   ...athlete and receive discounted rates in exchange for promoting BS as her trainer and allowing photographs and videos to be displayed. NT accepted she was a sponsored athlete receiving a reduced rate, but did not consider she had been adequately informed about any obligations she had. 3. BS initially invoiced NT the sum of $735.00, of which $635.00 was paid. BS now claims a further $1,025.00, being the non-discounted rate for her services on the basis that she did not receive any prom...

5. LI v KC [2025] NZDT 115 (26 February 2025) [pdf, 193 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 road includes— (a) a street; and (b) a motorway; and (c) a beach; and (d) a place to which the public have access, whether as of right or not; and (e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway or a place referred to in paragraph (d); and (f) all sites at which vehicles may be weighed for the purposes of the Act or any other enactment 9. I consider the forecourt and driveway of a petrol

6. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...she told the Tribunal had a blank space at the bottom where the vendor’s solicitor would sign, date and return them to Harcourts. [19] Ms Whitney told the Tribunal that she did not hear from Mr Naidu and asked Mr Kumandan to get the confirmation forms signed. She said “he told me that he was going to see Mr Naidu and so would get them signed”. She said that one or two days later Mr Kumandan returned the two files to her with the signed acknowledgements – these documents are Ex...

7. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...this reason told him that he would not be required to work out the period of notice. [2] Mr Hook contends that he was constructively dismissed. Mr Hook filed a personal grievance with the Employment Relations Authority (the Authority) claiming unjustified constructive dismissal, together with a claim for unjustified disadvantage. His grievance was dismissed. 1 The claim [3] Mr Hook has challenged the Authority’s determination on a de novo basis. The sole relief...

8. [2012] NZEmpC 130 CPC (New Zealand) Ltd v Dunlop [pdf, 77 KB]

   ...they were not breaching the terms of our employment agreement and our arrangements for a friendly exit. ... Therefore all the time and cost incurred for John [Tannahill] is a direct result of the other party’s failure to provide information as requested, and of course a function of their attempt to succeed with a substantial alternative claim. [7] Mr Parbhu also made a number of other allegations against Mr Dunlop and his counsel, Mr Tannahill, and he attached to his submission...

9. 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...

10. 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...