Search Results

1. IN v XI [2023] NZDT 780 (19 December 2023) [pdf, 94 KB]

   ...before the collision the rear bumper had no damage and was in a good state of repair. e) The repairs that were done are consistent with the damage sustained. Referee: T Prowse Date: 19 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 r...

2. A Ltd v NT & TH [2023] NZDT 764 (13 December 2023) [pdf, 155 KB]

   ...produced that this invoice dated 1/4/21 in the amount of $10,627.94 is for justified extras to the contract price and have not been already paid for by the respondents and then charged again in this claim. 9. The respondents rely on an earlier “Proforma Invoice” dated 3/2/20 for $22,500.00 and an email in relation to their allegation they have been charged twice for this work. They also directed me to a portion of the applicant’s bank statement that shows the earlier invoice was...

3. TX v CD [2024] NZDT 375 (5 June 2024) [pdf, 96 KB]

   ...take place, and I’m sure the applicant’s insurer will be willing to discuss a payment arrangement. Referee: John Hogan Date: 5 June 2024 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...

4. Brooking v Henderson - Wharekahika A47 (2022) 110 Tairawhiti MB 238 (110 TRW 238) [pdf, 497 KB]

   ...Trustee and other elected trustees. The Māori Trustee’s administration over the trust ended in December 2018 and a separate group of trustees took over management of the trust. I was nominated and appointed as a trustee in February 2015 and formally appointed by the Māori Land Court in October of 2015. I was voted in as Chair in May 2016. Since my appointment as Chair, we have held numerous trustee hui and have held AGM’s in all years except 2017 as we were awaiting a report...

5. T ltd v EJ [2019] NZDT 1436 (28 August 2019) [pdf, 148 KB]

   ...refused to pay the invoice as he believes he did not enter a contract with T Limited. 2. T Limited claims the amount of $4,740.40 from Mr J, being the amount of the unpaid invoice. 3. The issues to determine are: a. Was a contract formed between T Limited and Mr J? b. If so, what were the terms agreed? c. Did Mr J breach the contract by not paying the amount invoiced? d. If so, what if any amount is Mr J required to pay T Limited? Was a contract formed between T...

6. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...that spelling but is otherwise identical. 1. BQ and his wife want XB and TB (XB and TB – the latter joined during the hearing as confirmed in the above order) to pay for repairs to their sealed access road/driveway which they say has become deformed due to the roots of trees on XB and TB’s property. In the claim filed BQ sought $29,000 but has provided a number of different costings regarding different types of repairs to various standards and which are all under $30,000. I have e...

7. TU v I Ltd & NT [2024] NZDT 504 (19 June 2024) [pdf, 104 KB]

   ...so, whether TU is entitled to a remedy, and if so the remedy he is entitled to; (d) Who is liable to pay TU. Was there a binding contract for the sale of the coffee machine to TU? CI0301_CIV_DCDT_Order Page 2 of 4 9. For a contract to be formed, the elements of a simple contract must exist. These are offer, acceptance, consideration (an exchange of value, or a promise to exchange value), and an intention to create a legal relationship. 10. I find a contract was formed for the...

8. 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...

9. Waitangi Tribunal - District 11 Wairoa [pdf, 2.4 MB]

   ...\ I I I I r ··' •• · ! J ( I ( ) j I FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form. it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The pub...

10. [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...