Search Results

1. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...was vit (vital) by cotton bud application and Mr Erwood had refused consent for percussing the tooth or diagnostic PA – other aids to determine the status of the nerve of the tooth. Apologised to Mr Erwood and wrote the explanatory note he requested for him. [5] Dr Jackson’s handwritten letter to Mr Erwood stated: Miracold is a propane/butane/hexane mix. Ordinarily it should be sprayed onto a cotton palette and touched on the tooth. It is dangerous to spray directly into...

2. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...a perfect family car, or first car, as a perfect family car would be economic to warrant. This is therefore misleading. Also, all the other statements are only half true. Where statements are made that of themselves are true, but there is key information missing that the sellers know that relates to the information given, there is a duty to disclose the missing piece. The missing piece was that the sellers had owned the car for not much more than a week, the ad they bought it from expl...

3. WH v SS Ltd [2019] NZDT 1459 (26 March 2019) [pdf, 218 KB]

   ...to relieve the innkeeper from all responsibility. 14. I have not been satisfied that this defence applies. WH’s room was able to be accessed by hotel housekeeping staff during her stay. I was told that a cleaning service would have been performed on two occasions during WH’s stay and then a final clean and service after WH departed the hotel. 15. WH did not inform hotel staff not to enter the room. She did not assume exclusive use of the room so as to show an intention to r...

4. NI v CT [2020] NZDT 1382 (14 May 2020) [pdf, 206 KB]

   ...reasonable farmer? b. If not, is the loss by NI a foreseeable loss? CI0301_CIV_DCDT_Order Page 2 of 4 Has FM Limited acted with a standard of care expected of a reasonable farmer? 4. The relevant law is section 5 of the Animals Law Reform Act 1989 and the law of negligence. When determining negligence, the Tribunal must consider the standard of care expected of a reasonable farmer in the company’s position, the common practice in the locality in relation to fencing...

5. KG v SQ & vehicle testing company [2022] NZDT 125 (4 August 2022) [pdf, 194 KB]

   ...are jointly and severally liable to compensate [Applicant’s insurer] for the full cost of repairs. Referee: J P Smith Date: 4 August 2022 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 r...

6. EF & QF v JD & QN [2021] NZDT 1690 (20 May 2021) [pdf, 112 KB]

   ...therefore unable to find that QN and JD misrepresented the kitchen bench and therefore must dismiss that portion of EF and QF’s claim. Referee: Krawczyk DTR Date: 20 May 2021 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 rehe...

7. FU Ltd v TB Ltd [2020] NZDT 1394 (4 March 2020) [pdf, 104 KB]

   ...District Court [2020] NZDT 1394 APPLICANT FU Ltd RESPONDENT TB Ltd The Tribunal hereby orders: TB Ltd is to pay the sum of $1559.24 directly to FU Ltd on or before 25 March 2020. Reasons 1. TB Ltd ('TB') performed a WOF inspection for FU Ltd, for a vehicle FU Ltd ('FU') had sold to a customer. The WOF inspection was performed 9 days prior to FU's customer arriving from Wellington to collect the vehicle and drive it home. 2. So...

8. TD v D Ltd [2022] NZDT 70 (1 June 2022) [pdf, 100 KB]

   ...APPLICANT TD RESPONDENT D Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. In July 2021 TD obtained quotes for moving household goods from New Zealand to the United States. After reviewing information received, TD accepted the quote provided by D Ltd and signed a contract with that company. 2. Prior to acceptance of the quote, TD had received an email from D recommending all goods be sighted and packed by their crew. If not, D

9. OT US v N Ltd [2023] NZDT 169 (8 June 2023) [pdf, 196 KB]

   ...been able to prove that it is more likely than not that N Ltd breached the guarantees outlined above. 26. For these reasons the claim by US and OT is dismissed. Referee: K Johnson Date: 08 June 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 rehe...

10. W Ltd v NC [2022] NZDT 210 (24 November 2022) [pdf, 99 KB]

    ...Applying the percentage previously discussed, the total compensation awarded is $13,650.00. The parties should discuss a time payment arrangement. Referee: J P Smith Date: 24 November 2022 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 rehe...