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1. Guidelines for Settlement Conferences [pdf, 216 KB]

   ...a proposed settlement offer. Preparing for a settlement conference It is useful to prepare a short position paper which sets out the issues in dispute and how you think the issues can be resolved. An example is available from the case manager on request. Any evidence you want to rely on in the settlement conference should be shared with the other party(s) well before the conference. Being transparent is an important part of negotiating. If you are seeking a cash settlement it is importa...

2. DS v NS [2018] NZDT 1454 (7 May 2018) [pdf, 130 KB]

   ...by the dog. 11. In this case, DS was obliged to spend $779.10 on a vet’s care for her dog, including anaesthetic. This is therefore the amount payable by NS. Referee: M Wilson Date: 7 May 2018 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. If you wish to apply for a rehearing, you...

3. BS v TT [2019] NZDT 1485 (5 December 2019) [pdf, 171 KB]

   ...situation, the person who was ultimately liable must reimburse the person who was compelled to pay. 6. BS said that [Telecommunications provider] has been compelling her to make payments on her account for the phone, although she did not bring information to the hearing that would enable me to determine how much has been paid to date and how much is still owing. However, TT has received the benefit of the phone itself together with the insurance, and I find that it would be unconscionabl...

4. BI v SQ Incorporated [2020] NZDT 1366 (26 November 2020) [pdf, 210 KB]

   ...rust repair was needed, it is likely that that cost would have been higher than the $350.00 charged, so the betterment to BI was significant. Referee: J Perfect Date: 26 November 2020 CI0301_CIV_DCDT_Order 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 r...

5. KH v KL [2022] NZDT 178 (4 October 2022) [pdf, 144 KB]

   ...motherboard following winning the auction for it on U? b) If so, what is Mr KH’s loss? Is Mr KL in breach of contract by not paying Mr KH for the motherboard following winning the auction for it on U? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. CI0301_CIV_DCDT_Order Page 2 of 3 5. In a U transaction such as in this case, a leg...

6. I Ltd v K Ltd [2023] NZDT 727 (18 December 2023) [pdf, 104 KB]

   ...in the position they would have been in had the contract not been breached. This means that the respondent should pay the applicant $2,507.68. Referee: K. Armstrong Date: 18 December 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 rehe...

7. SG v QN [2022] NZDT 253 (16 December 2023) [pdf, 173 KB]

   ...party was at fault in what happened. Therefore, I find that QN cannot be held responsible for the crash and is not liable to pay for the damage. Referee: E Paton-Simpson Date: 16 December 2022 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...

8. UL v Q Ltd [2023] NZDT 383 (29 August 2023) [pdf, 181 KB]

   ...provided, I cannot be satisfied that it was unreasonable that the laptop only lasted for three years, and therefore the claim is dismissed. Referee: Cowie DTR Date: 29 August 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...

9. ED v MA [2023] NZDT 556 (18 April 2023) [pdf, 177 KB]

   ...acceptable quality, and thus she is liable for the cost of the visit to the vet. 9. The visit to the vet cost $110.00, and this is the amount MA must pay. Referee: M Wilson Date: 18 April 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...

10. DC v K Ltd [2023] NZDT 539 (3 October 2023) [pdf, 184 KB]

    ...there. His was the phone handed to the man at 8.20pm. 4. DC claims $1200 from K Ltd, the owner of the K Ltd represented by KD, comprising: • $280, the sum he paid for his phone a few months earlier; and • $920 for stress and the loss of information etc on the phone. 5. The issue to be decided in the first instance is whether K Ltd took possession of the phone into its care. Did K Ltd take the phone into its possession under a bailment relationship? 6. A bailment is...