Search Results

1. DM & IW v HD [2022] NZDT 44 (2 May 2022) [pdf, 102 KB]

   ...guarantees into contracts between the suppliers of services in trade and consumers. One of these is the guarantee that services must be provided with reasonable care and skill. In terms of the building trade, standards which the services must conform with include the requirements of the law including the Building Codes and specific Standards, and in other matters, the standards of good practice common in the profession generally. 5. HD disputed the conclusions that DM had reached ab...

2. LI v WH Ltd [2021] NZDT 1697 (13 November 2021) [pdf, 153 KB]

   ...the loss of the vehicle? b) If so, what compensation is LI entitled to? Is WH Ltd liable for the loss of the vehicle? 5. The relevant law is Part 5, subpart 1 of the Contract and Commercial Law Act 2017 (“CCL”), which incorporates the former Carriage of Goods Act 1979. The carriage of goods provisions in the CCL apply to any loss or damage to items while they are with the carrier. The CCL provides that loss includes the non-delivery of goods (s246). 6. The carriage of good...

3. QX & TN v P Ltd [2025] NZDT 108 (17 March 2025) [pdf, 198 KB]

   ...“life of the plan”. QX and TN moved from pre-pay onto the plan and have each been paying $25.00 per month (being the $45.00 monthly fee with a discount of $20.00 per month) until August 2024, nearly three years. 3. In August 2024 QX and TN were informed that the plan they were on was being discontinued, and they were automatically transferred to a new plan. The new plan was also $45.00 but did not include a $20.00 per month discount. 4. QX and TN now claim $6,280.00 from P Ltd o...

4. UA v BT [2025] NZDT 132 (1 March 2025) [pdf, 204 KB]

   ...the balance of probabilities (that is, that it is more likely than not). When assessing whether the onus of proof has been discharged by an applicant, I need CI0301_CIV_DCDT_Order Page 2 of 4 to consider and evaluate the evidence and information presented by the parties. While I have carefully considered all the evidence and submissions from the parties, I have only addressed the evidence and arguments to the extent necessary to explain my decision. Whether the laptop wa...

5. [2024] NZEmpC 227 The Vice Chancellor of Lincoln University v Cheng [pdf, 237 KB]

   ...safeguards the interests of her colleagues. [69] A copy of this judgment is to be provided to the national manager, Mediation Services of the Ministry of Business, Innovation and Employment by counsel for the University. Mediation Services is requested to make the necessary arrangements for a mediator with expertise in restorative practices to assist the parties in the reinstatement process. [70] As s 188 makes clear, the parties are required to attend the mediation I have d...

6. Kettlewell & Anor as Trustees for the DS Day Trust v Crighton [pdf, 85 KB]

   CLAIM NO: 2511 UNDER the Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN WALTER HUGH KETTLEWELL and RAYMOND ARTHUR McLAREN as trustees for the DS DAY TRUST Claimants AND ROBERT ANDREW CRIGHTON and VERA CRIGHTON First Respondents AND WAITAKERE CITY COUNCIL Second Respondent AND ROB NEARY Third Respondent AND KEVIN LAWTON Fourth Respondent AND KE LAW...

7. X Ltd v U Ltd [2023] NZDT 335 (1 March 2023) [pdf, 242 KB]

   ...oral. 5. In contract disputes, there is a legal rule called the Parol Evidence Rule. The Parol Evidence Rule says that extrinsic evidence, including discussions and negotiations that occurred prior to entering into a written contract should not form part of a contract which is in written form. This is on the basis that the terms of a written, and signed, contract should be able to be relied on by parties as setting out their rights and obligations under a contract. However, in limited...

8. GC v NT [2022] NZDT 184 (30 September 2022) [pdf, 94 KB]

   ...the deposit NT retained. 8. The issues to be determined are: (a) Was it a term of the contract that the deposit was non-refundable? (b) Was it reasonable for GC to expect to have an input into the playlist after the contract had been formed? If so, did NT refuse to consider her requests? CI0301_CIV_DCDT_Order Page 2 of 3 (c) Is NT entitled to keep the deposit? Was it a term of the contract that the deposit was non-refundable? 9. A contract is a legal agreemen...

9. Waitangi Tribunal - issue 64 of Te Manutukutuku [pdf, 2.4 MB]

   ...legal framework since 1975. It has not been static and its strategic direction and focus have changed as the times and circumstances have demanded. There have been dramatic changes, as with the expansion of our jurisdiction to consider historical claims in 1985 and the move to a district­based inquiry model in the mid­1990s, and more gradual changes, as we adjusted our inquiry process to ensure that we could hear and report on the claims before us in the most mean­ ingful, rele v...

10. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

    ...behalf of the whānau, by refusing to provide any account of his administration for the past six years. More particularly: (a) As executor, Adam has neglected or otherwise failed to account for the assets and income of Barlow’s estate despite requests from Charles Anderson as a beneficiary; and (b) As trustee for the Barlow Anderson Family Trust, Adam has neglected or otherwise failed to account for the assets and income of the trust, including rentals and proceeds of sale for...