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1. TC v UMA [2024] NZDT 260 (5 March 2024) [pdf, 100 KB]

   ...super-charging” – it was silent as to upgrade costs and I find that coverage of those by UMA cannot reasonably be implied as a term. The claim is therefore dismissed. Referee Perfect Date: 5 March 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 fo...

2. KD & LD v XN Ltd [2024] NZDT 215 (5 March 2024) [pdf, 90 KB]

   ...with the purchase. It follows that they are entitled to a return of the deposit that they paid. [9] Thus, XN Ltd must pay the applicants $1,000.00. Referee: C Hawes Date: 5 March 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 re...

3. S Ltd v OB [2024] NZDT 226 (20 March 2024) [pdf, 119 KB]

   ...the bus and the costs to repair the damage. I am satisfied on the evidence provided by J Ltd that the repair costs are reasonable. OB is to pay S Ltd/J Ltd $2,170.63. Referee: Kaho Date: 20 March 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. LQ & QQ v T Ltd [2023] NZDT 463 (30 November 2023) [pdf, 196 KB]

   ...sufficient to rectify the problem. However, the failure cannot be properly rectified by sanding and brooming, which would only be a temporary and partial solution. 10. LQ and QQ are entitled to be put in the same position as if the contract had been performed properly, and I accept that this will require the turf to be removed and new turf laid. [Turf Provider] has quoted $5,325.07 for the cost of supply and installation. It is necessary to deduct from this cost the unpaid balance $4,05...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...