Search Results

1. CN v B Ltd & ors [2024] NZDT 471 (31 May 2024) [pdf, 191 KB]

   ...‘signed’ acknowledgement from the customer to this effect. Allowing for the modern realities as to the manner in which contracts are entered into, I consider a ‘signed’ acknowledgement could be electronic, by way of completion of an on- line booking form. 10) The applicant says the relative booking was made by phone, and followed up with texts. The respondent says that its booking form (with its standard terms and conditions attached) was completed and it has submitted document...

2. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...Zealand Defence Staff (Washington). The move was an internal one and the position was not advertised, but a new employment agreement was signed. [16] Ms Radford worked as a Personal Assistant until she successfully requested a return to her former position. Her return was effective from 20 August 2012. Another employment agreement was signed to record the move back to working in the Finance/Administration role. [17] In what would begin the final stage of Ms Radford’s empl...

3. [2025] NZREADT 22 - ZD & NK v Zareian (18 June 2025) [pdf, 264 KB]

   ...were identified as Mr Zareian and Ms Zareian. Under “Other Disclosures”, the vendors answered “no” to the question whether there was any completed work which might have required a consent.1 At the time of listing, the vendors did not inform the Zareians of the unconsented building work. [9] The property was marketed from about 17 August 2021 by the Zareians. 1 Agency agreement (4 August 2021) at [21.2]; BoD at 153. 3 [10] The Zareians were subsequently inform...

4. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...Decision. [4] SUB-2008-570 was an application to the Waitakere City Council (to which the Auckland Council is successor) in 2008 for a 15 lot subdivision and SUB-2008-571 for a 75 lot subdivision. The applications for declarations 4 and 6 relate to the former, application 44 relates (indirectly) to the latter. Declaration 4 [5] 2 The declaration sought is: Four applications were set down for hearing but one (for declaration 45) was withdrawn prior to the hearing. Described i...

5. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...The claim and counterclaim are dismissed. Reasons: 1. The dispute concerns a contract for design of a new house. On 23 March 2021, the applicant HD (the client) signed an agreement with the respondent BF Ltd (the designer) headed “Short Form Agreement for Architectural Design Services”. The client (who was acting as an agent for a third party under a power of attorney) paid $5,865.00 under this agreement on 24 March, and a further $5,175.00 on 31 May 2021. The designer complete...

6. KT & TL v F Ltd [2023] NZDT 666 (17 October 2023) [pdf, 204 KB]

   ...Section 36 (1)(a) of the Contract and Commercial Law Act 2017 (CCLA) states that “A party to a contract may cancel it if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to …(b) complete the performance of B’s obligations under the contract”. The party cancelling the contract may claim damages for any losses caused by the other party’s failure to perform their obligations. 6. At the hearing TL explained that the project...

7. BC v SL & XB Ltd [2023] NZDT 568 (14 November 2023) [pdf, 177 KB]

   ...replacement of the thermostat (and any other required work to address the overheating) was not a result of their work on the vehicle. The claim is therefore dismissed. Referee Perfect Date: 14 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: for example, the relevant information was not available at the time. If you wish to apply f...

8. Q Ltd v UB [2023] NZDT 564 (21 November 2023) [pdf, 217 KB]

   ...additional cleaning charges justified? 5. I find that Q Ltd is contractually entitled to charge for additional cleaning required under clause 3(g)(iii) of their terms and conditions and find further that they have provided sufficient evidence in the form of photographs and detail of staff hours incurred to justify the charge of $612.50+GST. CI0301_CIV_DCDT_Order Page 2 of 3 6. The hirers were required to leave the venue in ‘good, clean and tidy condition’ and they did not....

9. KC v M Ltd [2023] NZDT 494 (3 October 2023) [pdf, 202 KB]

   ...an early termination fee for this year long commitment is payable I find, in the particular circumstances of this dispute, that $200.00 is a reasonable termination fee. Referee: Hayes Date: 3 October 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: for example, the relevant information was not available at the time. If you wish to apply for a re...

10. TL v C Ltd [2023] NZDT 90 (17 March 2023) [pdf, 200 KB]

    ...of the $625.00 deposit. 6. TL’s claim was for $670.00. The balance was the tribunal filing fee. Under s43 of the Disputes Tribunal Act 2008 a party cannot recover the filing fee. Therefore, I cannot award the amount of the fee. Other information 7. EL mentioned there were signs in the shop with its store policy that says if items were not paid for at least 2 weeks before delivery, the customer cannot make a claim (or blame them). I told him signs such as these cannot overrid...