Search Results

1. 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...

2. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...Zealand Defence Staff (Washington). The move was an internal one and the position was not advertised, but a new employment agreement was signed. [16] Ms Radford worked as a Personal Assistant until she successfully requested a return to her former position. Her return was effective from 20 August 2012. Another employment agreement was signed to record the move back to working in the Finance/Administration role. [17] In what would begin the final stage of Ms Radford’s empl...

3. 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...

4. 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...

5. 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...

6. 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....

7. 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...

8. 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...

9. HA v Z Ltd [2023] NZDT 288 (17 July 2023) [pdf, 200 KB]

   ...installed in the property. 8. His claim seeks reimbursement of $1,150.00. 9. The hearing took place by phone on 20 June 2023. Both parties participated in the hearing. AI represented Z Ltd. The issue 10. The report was prepared by “KV” a former sub-contractor to Z Ltd. 11. AI, the owner of Z Ltd, submitted that: a. Z Ltd has no record of this job. CI0301_CIV_DCDT_Order Page 2 of 4 b. Z Ltd did not receive payment from HA, and the bank account stated...

10. UH v N Ltd [2023] NZDT 306 (21 July 2023) [pdf, 136 KB]

    ...head applies a slight pressure. The watch has to be placed face down, and, as the back of the watch is slightly curved, it has placed pressure on the 100 year old mineral glass and caused the crystal to shatter. NK, however, said his service was performed on the basis of ‘all care and no responsibility’. 7. I find that once N Ltd accepted the engraving on the antique watches, then it was bound to perform its service using reasonable care and skill and so that the result would be...