Search Results

1. 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...

2. 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...

3. 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...

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. 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...